The Trial of Jesus from a Lawyer's Standpoint Volume I Part 22

As to the weight which the testimony of the miracles of Jesus should have had with Caiaphas and the other members of the court, we have a valuable indication in the opinion expressed by Nicodemus, who was himself a member of the Sanhedrin, when he said to Jesus: "We know that thou art a teacher come from G.o.d: for no man can do these miracles that thou doest, except G.o.d be with him."[342] If Nicodemus, "a ruler of the Jews" and one of the leading members of their highest tribunal, believed that Jesus was divine because of the wonders that He had wrought, why should not a knowledge of these miracles by the other members of the Sanhedrin have produced the same impression? Nicodemus, it is true, was a friend of Jesus, but he was not a disciple. And the very timidity with which he expressed his friends.h.i.+p, having come at night to pay his compliments to the Master, demonstrates the deep impression that the miraculous powers of the Christ had made upon him.

But the judges of Jesus were not limited to the evidence of miracles as a proof of the divinity of the prisoner in their midst. They should have weighed "in the sincerity of their conscience" the fact that Jesus was born in Bethlehem in fulfillment of the prophecy contained in Micah v.

2; that He was sprung from the House of David in conformity with the teachings in Jeremiah xxiii. 5, 6; that John the Baptist was His forerunner like unto Elijah, who had come to prepare the way according to the prophecy in Malachi iii. 1; that He had begun to preach in Galilee, as foretold in Isaiah ix. 1, 2; that the scepter had departed from Judah and the lawgiver from between his feet, as prophesied in Genesis xlix. 10, which fact it was believed would herald the approach of the Messiah; that He had made His public entry into Jerusalem riding upon an a.s.s, as foretold in Zechariah ix. 9; and that He had been betrayed into their hands by one of His own friends, in fulfillment of prophecies contained in Psalms xli. 9 and Zechariah xi. 12, 13.

This c.u.mulative evidence, this collective proof, must have carried overwhelming conviction to the minds and the hearts of fair and impartial judges. More than one Nicodemus would have arisen to plead the cause of Jesus if this testimony had been adduced before a free-minded, open-hearted, disinterested tribunal. More than one Joseph of Arimathea would have refused a.s.sent in a hostile verdict against a prisoner in whose favor the record of fact was so p.r.o.nounced.

In determining the weight that this evidence should have had in affecting the decision of the judges we must not forget that a Jewish prisoner was not required to prove his innocence. It was inc.u.mbent upon the Commonwealth of Israel to establish guilt beyond all doubt. We should also remember that the peculiar tendency of the Hebrew system of criminal procedure was in the direction of complete protection to the accused. Not reasonable doubt merely, but all doubt was resolved in his favor. It was a maxim of the Hebrew law that "the Sanhedrin was to save, not to destroy life." Pretext after pretext was sought to acquit. "The primary object of the Hebrew judicial system," says Benny, "was to render the conviction of an innocent person impossible. All the ingenuity of the Jewish legists was directed to the attainment of this end." If this generous and merciful tendency of Hebrew law had been duly observed, would not the production of the evidence above noted have resulted in the acquittal of Jesus?

But, at this point, let us return to the consideration of the real meaning of the objection urged in Point XII. The irregularity therein alleged is that the Sanhedrin paid no attention whatever to the defense of Jesus. And herein was the real error. The members of that court might have rejected as false the claims of the Nazarene to Messiahs.h.i.+p. They might have denounced as fraudulent his pretensions to miraculous powers. They could not for this reason have been charged with judicial unfairness, if they had first heard his defense and had then "weighed it in the sincerity of their conscience." Infallibility of judgment cannot be demanded of judicial officers.

In closing the discussion of errors committed at the night trial in the palace of Caiaphas, the reader should be reminded that the twelve Points above mentioned are not exhaustive of the irregularities. Others might be mentioned. It seems that Jesus, being the accused, should not have been put under oath.[343] On the days on which capital verdicts were p.r.o.nounced Hebrew judges were required to mourn and fast.[344] But there was evidently no mourning and fasting by Caiaphas and his colleagues at the time of the condemnation of Jesus. Again, there is no evidence that Antecedent Warning was properly administered. Still other errors might be noted, if a legal presumption in favor of the correctness of the record did not prevent. The irregularities which we have heretofore discussed, it is believed, exhaust all the material errors committed at the first session of the Sanhedrin. At least, no others are revealed by the Gospel records.

_The Morning Session of the Sanhedrin._--About three hours after the close of the night session in the palace of Caiaphas, that is about six o'clock in the morning, the Sanhedrin reconvened in a second session.

In the interval between these sittings Jesus was brutalized by His keepers. Exactly what the priests were doing we do not know. They were probably busily engaged in perfecting plans for the destruction of the prisoner in their charge.

The daylight meeting is thus reported in Matthew xxvii. 1: "When the morning was come, all the chief priests and elders of the people took counsel against Jesus to put him to death." In Mark xv. 1 the same session is thus recorded: "And straightway in the morning the chief priests held a consultation with the elders and scribes and the whole council, and bound Jesus, and carried him away, and delivered him to Pilate."

The exact nature of this morning sitting, whether a regular trial or an informal gathering, is not certainly known. Meyer, Ellicott, and Lichtenstein maintain that this second session was nothing more than a prolongation of the night trial, perhaps with a brief recess, and that its special object was to convene for consultation concerning the carrying out of the sentence which had already been p.r.o.nounced against Jesus.[345] But this view is entirely exceptional. It is maintained by the greater number of reputable authorities that the second sitting was in the nature of a second trial. The solution of the difficulty seems to turn upon the account given by St. Luke, for St. John records the details of neither the night nor the morning session. St. Luke describes a regular trial, but it is not positively known whether his account refers to the night or to the morning meeting. If his report refers to the same trial as that described in Matthew xxvi. 57-68 and in Mark xiv.

53-65, then we have only the brief notices in Matthew xxvii. 1 and in Mark xv. 1 concerning the morning session, which indicate only a very brief and informal meeting of the Sanhedrin at daybreak. On the other hand, if the report of St. Luke refers to the daylight meeting of the Sanhedrin referred to by St. Matthew and St. Mark then we have received from the third Evangelist a description of a regular trial at the second session of the Sanhedrin. Andrews has thus expressed himself very cogently concerning this matter:

Our decision as to a second and distinct session of the Sanhedrin will mainly depend upon the place we give to the account in Luke xxii. 66-71. Is this examination of Jesus identical with that first session of Matthew xxvi. 57-68, and of Mark xiv. 53-65? Against this ident.i.ty are some strong objections: First, The mention of time by Luke: "As soon as it was day." This corresponds well to the time of the morning session of Matthew and Mark, but not to the time when Jesus was first led before the Sanhedrin, which must have been two or three hours before day. Second, The place of the meeting: "They led Him into their council," [Greek: anegagon auton eis to synedrion heauton]. This is rendered by some: "They led Him up into their council chamber," or the place where they usually held their sessions. Whether this council chamber was the room Gazith at the east corner of the court of the temple, is not certain. Lightfoot (on Matthew xxvi. 3) conjectures that the Sanhedrin was driven from this its accustomed seat half a year or thereabout before the death of Christ. But if this were so, still the "Tabernae," where it established its sessions, were shops near the gate Shusan, and so connected with the temple. They went up to that room where they usually met. Third, The dissimilarity of the proceedings, as stated by Luke, which shows that this was no formal trial. There is here no mention of witnesses--no charges brought to be proved against Him. He is simply asked to tell them if He is the Christ ("If thou art the Christ, tell us," R. V.); and this seems plainly to point to the result of the former session. Then, having confessed Himself to be the Christ, the Son of G.o.d, He was condemned to death for blasphemy. It was only necessary now that He repeat His confession, and hence this question is put directly to Him: "Art thou the Christ? tell us." His reply, "If I tell you, ye will not believe; and if I also ask you, ye will not answer me, nor let me go," points backward to his former confession. To His reply they only answer by asking, "Art thou then the Son of G.o.d?" The renewed avowal that He is the Son of G.o.d, heard by them all from His own lips, opens the way for His immediate delivery into Pilate's hands. Fourth, The position which Luke gives (xxii. 63-65) to the insults and abuse heaped upon Jesus. There can be no doubt that they are the same mentioned by Matthew and Mark as occurring immediately after the sentence had been first p.r.o.nounced.

From all this it is a probable, though not a certain conclusion, that Luke (xxii. 66-71) refers to the same meeting of the Sanhedrin mentioned by Matthew (xxvii. 1) and Mark (xv. 1), and relates, in part, what then took place. (Alford thinks that Luke has confused things and relates as happening at the second session what really happened at the first.) This meeting was, then, a morning session convened to ratify formally what had been done before with haste and informality. The circ.u.mstances under which its members had been earlier convened, at the palace of Caiaphas, sufficiently show that the legal forms, which they were so scrupulous in observing, had not been complied with.[346]

If then the second session of the Sanhedrin was in the nature of a regular trial, what were the facts of the proceedings? St. Luke says: "And as soon as it was day, the elders of the people and the chief priests and the scribes came together, and led him into their council, saying, Art thou the Christ? tell us. And he said unto them, If I tell you, ye will not believe: And if I also ask you, ye will not answer me, nor let me go. Hereafter shall the Son of man sit on the right hand of the power of G.o.d. Then said they all, Art thou then the Son of G.o.d? And he said unto them, Ye say that I am. And they said, What need we any further witness? for we ourselves have heard of his own mouth."[347]

The reader will readily perceive the source of the difficulty which we have just discussed. This report of St. Luke points both ways, toward both the night and morning sessions. "_And as soon as it was day_"

clearly indicates a daybreak meeting, but the remainder of the account bears a most striking resemblance to the reports of the night trial given by St. Matthew and St. Mark. This seeming discrepancy is very easily reconciled, however, when we reflect that the second trial required by Hebrew law to be held in every case where a verdict of guilt had been p.r.o.nounced, was virtually a repet.i.tion of the first trial.

Benny tells us that the second trial was a critical examination of the trial of the first day, in which the questions and answers originally asked and made were carefully reviewed and reexamined.[348] Is it very strange, then, that at the morning trial described by St. Luke substantially the same questions are asked and answers given as are found in the reports of the night trial by St. Matthew and St. Mark?

We may now ask: What was the purpose of this second trial? Why did not the first trial suffice? According to the most reliable authorities, the answer to this question is to be found in that provision of the Hebrew law which required two trials instead of one, in every case where the prisoner had been found guilty at the first trial. Not only were there to be two trials, but they were to be held on different days. The morning session of the Sanhedrin was intended, therefore, to give a semblance of legality and regularity to this requirement of Hebrew law.

But we shall see how completely the Sanhedrin failed in this design.

"What legitimacy," says Keim, "might be lacking in the proceedings of the nocturnal sitting of the Sanhedrin, was to be completely made up by the morning sitting, without prejudice to the authority and the--in the main point--decisive action of the former.... There nevertheless was no lack of illegality. The most striking instance of this was the fact that though they wished to bring about an extension of the procedure over two days they had in fact only two sittings, and not two separate days. But contempt of the legal ordinances was much more seriously shown by the absence of any investigation into the circ.u.mstances of the case at the second sitting, although _both law and tradition demanded such an investigation_."[349]

If "both law and tradition demanded such an investigation," that is, if the second trial of the case on the second day of the proceedings was required to be formal and in the nature of an action _de novo_; if the second trial was required by law to be characterized by all the formality, solemnity, and legality of the first trial; what errors, we may ask, are disclosed by the reports of St. Luke, St. Matthew, and St.

Mark in the proceedings against Jesus conducted by the Sanhedrin at the morning session? To be brief, reply may be made that the irregularities were virtually the same as those that occurred at the night trial. The same precipitancy that was forbidden by Hebrew law is apparent. This haste prevented, of course, that careful deliberation and painstaking investigation of the case which the Mosaic Code as well as the rules of the Mishna imperatively demanded. It is true that the second trial was not conducted at night. But the Pa.s.sover Feast was still in progress, and no court could legally sit at such a time. The Sanhedrin at the second session seems to have been still sitting in the palace of Caiaphas instead of the Hall of Hewn Stones, the legal meeting place of the court. This we learn from a pa.s.sage in St. John.[350] Again, no witnesses seem to have been summoned, and the accused was convicted upon his uncorroborated confession.

And finally, the verdict at the second trial, as was the case in that of the first, seems to have been unanimous, and therefore illegal. This unanimity is indicated by the combined reports of St. Matthew, St. Mark, and St. Luke. St. Matthew says: "When the morning was come, _all_ the chief priests and elders of the people took counsel against Jesus to put Him to death." St. Mark says: "And straightway in the morning, the chief priests held a consultation with the elders and scribes and the _whole council_, and bound Jesus, and carried him away, and delivered him to Pilate." These accounts of the first two Evangelists very clearly state that the full Sanhedrin was present at the morning trial. Then St. Luke very explicitly explains the nature and manner of the verdict: "Then said they _all_, Art thou then the Son of G.o.d? And he said unto them, Ye say that I am. And they said, What need we any further witness? for we ourselves have heard of his own mouth."

It may be objected that no formal verdict was p.r.o.nounced at the second trial. Such a verdict would have been expressed in these words: "Thou, Jesus, art guilty."[351] While such words are not expressly reported by the Evangelists, the account of St. Luke taken in connection with the report of St. Mark of the night trial, which the morning session was intended to confirm, clearly indicates that such a verdict must have been p.r.o.nounced. A reasonable inference from the whole context of the synoptic writers in describing both trials certainly justifies such a conclusion.

The question again arises: If the full Sanhedrin was present at the morning session and if all the members condemned Jesus, either with or without a formal verdict, is it not true that both Nicodemus and Joseph of Arimathea, who were doubtless members of the court, were arrayed against the Christ? If they were hostile in their att.i.tude toward Him, either openly or by acquiescence at the morning session, does this fact not help to support the contention made under Point IX that they voted against Him at the night trial? We are well aware that there is much opposition to this view, but we are, nevertheless, compelled to agree rather reluctantly with Keim that "it is a pure supposition that members of the council who were secret friends of Jesus--whose existence, moreover, cannot be established--either raised an opposition in one of the sessions, or abstained from voting, or were not present."[352] The plain language of the Scriptures indicates: (1) That both Nicodemus[353]

and Joseph of Arimathea[354] were members of the Great Sanhedrin; (2) that they were both present at both trials;[355] and (3) that they both either voted against Him or tacitly acquiesced in the judgments p.r.o.nounced against Him.[356] We have already discussed under Point IX the pa.s.sage in Luke xxiii. 51 referring to the fact that Joseph of Arimathea "had not consented to the counsel and deed of them," which seems to furnish refutation of the contention which we have made, as far as such contention relates to Joseph of Arimathea. Suffice it to note the opinion of Keim that "the pa.s.sage in itself can be held to refer to absence or to dissent in voting."[357]

"And the whole mult.i.tude of them arose, and led him unto Pilate."

The reader may ask: Why did the Jews lead Jesus away to Pilate? When they had condemned Him to death on the charge of blasphemy, why did they themselves not put Him to death? Why did they invoke Roman interference in the matter? Why did they not stone Jesus to death, as Hebrew law required in the case of culprits convicted of blasphemy? Stephen was stoned to death for blasphemy.[358] What was the difference between his case and that of Jesus? Why was Jesus crucified instead of being put to death by stoning?

The stoning of Stephen as a blasphemer by the Jews has been explained as an irregular outbreak of fanatical priests, a sort of mob violence. It has also been contended that the case of Stephen was one of the rare instances in which Roman procurators permitted the Jews to execute the death sentence. In any event it was an exceptional proceeding. At the time of the crucifixion of Jesus and of the martyrdom of Stephen the Jews had lost the right of enforcing the death penalty. Judea was a subject province of the Roman empire. The Jews were permitted by the Romans to try capital cases. If an acquittal was the result, the Romans did not interfere. If a verdict of guilty was found, the Jews were compelled to lead the prisoner away to the Roman governor, who reviewed or retried the case as he saw fit. Accordingly, having condemned Him to death themselves, the Jews were compelled to lead Jesus away to the palace of Herod on the hill of Zion in which Pilate was stopping on the occasion of the Paschal Feast, to see what he had to say about the matter, whether he would reverse or affirm the sentence which they had p.r.o.nounced.

The Roman trial of Jesus will be treated in the second volume of this work.

END OF VOL. I

FOOTNOTES:

[1] "Testimony of the Evangelists," pp. 7-11.

[2] "Testimony of the Evangelists," pp. 25, 26.

[3] I "Starkie on Evidence," pp. 480-545.

[4] John x. 30: "I and my Father are one."

[5] Matt. ix. 9.

[6] Col. iv. 14: "Luke, the beloved physician."

[7] Matt. xxvi. 70-72.

[8] Matt. xxvi. 46-50.

[9] Matt. xxvi. 56.

[10] Matt. xiv. 28-31.

[11] Mark x. 35-42; Matt. xx. 20-25.

[12] Matt. xi. 2, 3.

[13] Mark iii. 21.

[14] Luke iv. 28, 29.

[15] Mark xiv. 51, 52.

[16] "Intro. Vie de Jesus."

[17] Luke i. 2, 3.

[18] "Die synoptischen Evangelien," pp. 412-14.

[19] Marcus Dods, "The Bible, Its Origin and Nature," p. 184.

[20] An opposite doctrine seems to be taught in Luke xii. 11, 12; xxiv.

48, 49.