The Trial of Jesus from a Lawyer's Standpoint Volume I Part 7

The burial of the dead body of the criminal immediately followed execution, but interment could not take place in the family burial ground. Near each town in ancient Palestine were two cemeteries; in one of them were buried those criminals who had been executed by beheading or strangling; in the other were interred those who had been put to death by stoning or burning. The bodies were required to remain, thus buried, until the flesh had completely decayed and fallen from the bone.

The relatives were then permitted to dig up the skeletons and place them in the family sepulchers.

CHAPTER III

HEBREW CRIMINAL LAW--COURTS AND JUDGES

The Hebrew tribunals were three in kind: the Great Sanhedrin; the Minor Sanhedrin; and the Lower Tribunal, or the Court of Three.

The Great Sanhedrin, or Grand Council, was the high court of justice and the supreme tribunal of the Jews. It sat at Jerusalem. It numbered seventy-one members. Its powers were legislative, executive, and judicial. It exercised all the functions of education, of government, and of religion. It was the national parliament of the Hebrew Theocracy, the human administrator of the divine will. It was the most august tribunal that ever interpreted or administered religion to man.

_The Name._--The word "Sanhedrin" is derived from the Greek ([Greek: synedrion]) and denotes a legislative a.s.sembly or an ecclesiastical council deliberating in a sitting posture. It suggests also the gravity and solemnity of an Oriental synod, transacting business of great importance. The etymology of the word indicates that it was first used in the later years of Jewish nationality. Several other names are also found in history to designate the Great Sanhedrin of the Jews. The Council of Ancients is a familiar designation of early Jewish writers.

It is called Gerusia, or Senate, in the second book of Maccabees.[78]

Concilium, or Grand Council, is the name found in the Vulgate.[79] The Talmud designates it sometimes as the Tribunal of the Maccabees, but usually terms it Sanhedrin, the name most frequently employed in the Greek text of the Gospels, in the writings of the Rabbins, and in the works of Josephus.[80]

_Origin of the Great Sanhedrin._--The historians are at loggerheads as to the origin of the Great Sanhedrin. Many contend that it was established in the Wilderness by Moses, who acted under divine commission recorded in Numbers xi. 16, 17: "Gather unto me seventy of the elders of Israel, whom thou knowest to be the elders of the people, and officers of them; and bring them unto the tabernacle of the congregation, that they may stand with thee; and I will take of the Spirit that is upon thee and will put it upon them; and they shall bear the burden of the people with thee, that thou bearest it not alone."

Over the seventy elders, Moses is said to have presided, making seventy-one, the historic number of the Great Sanhedrin. Several Christian historians, among them Grotius and Selden, have entertained this view; others equally celebrated have maintained contrary opinions.

These latter contend that the council of seventy ordained by Moses existed only a short time, having been established to a.s.sist the great lawgiver in the administration of justice; and that, upon the entrance of the children of Israel into the Promised Land, it disappeared altogether. The writers who hold this view contend that if the great a.s.sembly organized in the Wilderness was perpetuated side by side with the royal power, throughout the ages, as the Rabbis maintained, some mention of this fact would, in reason, have been made by the Bible, Josephus, or Philo.

The pages of Jewish history disclose the greatest diversity of opinion as to the origin of the Great Sanhedrin. The Maccabean era is thought by some to be the time of its first appearance. Others contend that the reign of John Hyrca.n.u.s, and still others that the days of Judas Maccabeus, marked its birth and beginning. Raphall, having studied with care its origin and progress, wrote: "We have thus traced the existence of a council of Zekenim or Elders founded by Moses, existing in the days of Ezekiel, restored under the name of Sabay Yehoudai, or Elders of the Jews, under Persian dominion; Gerusia, under the supremacy of the Greeks; and Sanhedrin under the Asmonean kings and under the Romans."[81]

Brus.h.i.+ng aside mere theory and speculation, one historical fact is clear and uncontradicted, that the first Sanhedrin Council clothed with the general judicial and religious attributes of the Great Sanhedrin of the times of Jesus, was established at Jerusalem between 170 and 106 B.C.

_Organization of the Great Sanhedrin._--The seventy-one members composing the Great Sanhedrin were divided into three chambers:

The chamber of priests; The chamber of scribes; The chamber of elders.

The first of these orders represented the religious or sacerdotal; the second, the literary or legal; the third, the patriarchal, the democratic or popular element of the Hebrew population. Thus the princ.i.p.al Estates of the Commonwealth of Israel were present, by representation, in the great court and parliament of the nation.

Matthew refers to these three orders and identifies the tribunal that pa.s.sed judgment upon Christ: "From that time forth, began Jesus to shew unto his disciples, how that he must go unto Jerusalem, and suffer many things of the elders and chief priests and scribes, and be killed and raised again the third day."[82]

Theoretically, under the Hebrew const.i.tution, the "seventy-one" of the three chambers were to be equally divided:

Twenty-three in the chamber of priests, Twenty-three in the chamber of scribes, Twenty-three in the chamber of elders.

A total of sixty-nine, together with the two presiding officers, would const.i.tute the requisite number, seventy-one. But, practically, this arrangement was rarely ever observed. The theocratic structure of the government of Israel and the pious regard of the people for the guardians of the Temple, gave the priestly element a predominating influence from time to time. The scribes, too, were a most vigorous and aggressive sect and frequently encroached upon the rights and privileges of the other orders. Abarbanel, one of the greatest of the Hebrew writers, has offered this explanation: "The priests and scribes naturally predominated in the Sanhedrin because, not having like the other Israelites received lands to cultivate and improve, they had abundant time to consecrate to the study of law and justice, and thus became better qualified to act as judges."[83]

_Qualifications of Members of the Great Sanhedrin._--The following qualifications were requisite to ent.i.tle an applicant to members.h.i.+p in the Great Sanhedrin:

(1) _He must have been a Hebrew and a lineal descendant of Hebrew parents._[84]

(2) _He must have been "learned in the law"; both written and unwritten._

His legal attainment must have included an intimate acquaintance with all the enactments of the Mosaic Code, with traditional practices, with the precepts and precedents of the colleges, with the adjudications of former courts and the opinions of former judges. He must have been familiar not only with the laws then actively in force, but also with those that had become obsolete.[85]

(3) _He must have had judicial experience; that is, he must have already filled three offices of gradually increasing dignity, beginning with one of the local courts, and pa.s.sing successively through two magistracies at Jerusalem._[86]

(4) _He must have been thoroughly proficient in scientific knowledge._

The ancient Sanhedrists were required to be especially well grounded in astronomy and medicine. They were also expected to be familiar with the arts of the necromancer.[87] We are also led to believe from the revelations of the Talmud that the judges of Israel were well versed in the principles of physiology and chemistry, as far as these sciences were developed and understood in those days. History records that Rabbi Ismael and his disciples once engaged in experimental dissection in order to learn the anatomy of the human frame. On one occasion a deceitful witness tried to impose upon a Hebrew court by representing spermatic fluid to be the alb.u.men of an egg. Baba bar Boutah was enabled, from his knowledge of the elements of chemistry, to demonstrate the fact of fraud in the testimony of the witness. Eighty disciples of the famous Academy of Hillel are said to have been acquainted with every branch of science known in those days.[88]

(5) _He must have been an accomplished linguist; that is, he must have been thoroughly familiar with the languages of the surrounding nations._

Interpreters were not allowed in Hebrew courts. A knowledge of several languages was, therefore, indispensable to the candidate who sought members.h.i.+p in the Great Sanhedrin. "In the case of a foreigner being called as a witness before a tribunal, it was absolutely necessary that two members should understand the language in which the stranger's evidence was given; that two others should speak to him; while another was required to be both able to understand and to converse with the witness. A majority of three judges could always be obtained on any doubtful point in the interpretation of the testimony submitted to the court. At Bither there were three Rabbins acquainted with every language then known, while at Jabneh there were said to be four similarly endowed with the gift of 'all the tongues.'"[89]

(6) _He must have been modest, popular, of good appearance, and free from haughtiness._[90]

The Hebrew mind conceived modesty to be the natural result of that learning, dignity, and piety which every judge was supposed to possess.

The qualification of "popularity" did not convey the notion of electioneering, hobn.o.bbing and familiarity. It meant simply that the reputation of the applicant for judicial honors was so far above reproach that his countrymen could and would willingly commit all their interests of life, liberty, and property to his keeping. By "good appearance" was meant that freedom from physical blemishes and defects, and that possession of physical endowments that would inspire respect and reverence in the beholder. The haughty judge was supposed to be lacking in the elements of piety and humility which qualified him for communion with G.o.d. Haughtiness, therefore, disqualified for admission to the Great Sanhedrin.

(7) _He must have been pious, strong, and courageous._[91]

Piety was the preeminent qualification of a judge of Israel. Impiety was the negation of everything Israelitish. Strength and courage are attributes that all judges in all ages and among all races have been supposed to possess in order to be just and righteous in their judgments.

_Disqualifications._--Disqualifications of applicants for members.h.i.+p in the Great Sanhedrin are not less interesting than qualifications. They are in the main mere negatives of affirmatives which have already been given, and would seem, therefore, to be superfluous. But they are strongly accentuated in Hebrew law, and are therefore repeated here.

(1) _A man was disqualified to act as judge who had not, or had never had, any regular trade, occupation, or profession by which he gained his livelihood._

The reason for this disqualification was based upon a stringent maxim of the Rabbins: "He who neglects to teach his son a trade, is as though he taught him to steal!" A man who did not work and had never labored in the sweat of his brow for an honest livelihood, was not qualified, reasoned the Hebrew people, to give proper consideration or extend due sympathy to the cause of litigants whose differences arose out of the struggles of everyday life.

(2) _In trials where the death penalty might be inflicted, an aged man, a person who had never had any children of his own, and a b.a.s.t.a.r.d were disqualified to act as judge._

A person of advanced years was disqualified because according to the Rabbins old age is frequently marked by bad temper; and "because his years and infirmities were likely to render him harsh, perhaps obstinate and unyielding." On the other hand, youth was also a disqualification to sit in the Sanhedrin. According to the Rabbis, twenty-five years was the age which ent.i.tled a person to be called a Man;[92] but no one was eligible to a seat in the Sanhedrin until he had reached the age of forty years.[93] The ancient Hebrews regarded that period as the beginning of discretion and understanding.

A person without children was not supposed to possess those tender paternal feelings "which should warm him on behalf of the son of Israel who was in peril of his life."

The stain of birth and the degradation in character of a b.a.s.t.a.r.d were wholly inconsistent with the high ideals of the qualifications of a Hebrew judge.

(3) _Gamblers, dice players, bettors on pigeon matches, usurers, and slave dealers were disqualified to act as judges._

The Hebrews regarded gambling, dice playing, betting on pigeon matches, and other such practices as forms of thievery; and thieves were not eligible to sit as judges in their courts. No man who was in the habit of lending money in an usurious manner could be a judge. It was immaterial whether the money was lent to a countryman or a stranger.

Slave dealers were disqualified to act as judges because they were regarded as inhuman and unsympathetic.

(4) _No man was qualified to be a judge who had dealt in the fruits of the seventh year._

Such a person was deemed lacking in conscience and unfitted to perform judicial functions.

(5) _No man who was concerned or interested in a matter to be adjudicated was qualified to sit in judgment thereon._

This is a universal disqualification of judges under all enlightened systems of justice. The weakness and selfishness of human nature are such that few men are qualified to judge impartially where their own interests are involved.

(6) _All relatives of the accused man, of whatever degree of consanguinity, were disqualified from sitting in judgment on his case._

This is only a variation of the disqualification of interest.

(7) _No person who would be benefited, as heir, or otherwise, by the death or condemnation of an accused man, was qualified to be his judge._