The Trial of Jesus from a Lawyer's Standpoint Volume I Part 14

"Neither shalt thou stand against the blood of thy neighbor."

Did not Judas stand against the blood of his nearest and dearest neighbor when he consented to be the chief instrument of an arrest which he knew would result in death?

"Thou shalt not hate thy brother in thy heart."

Is it possible to suppose that anything less than hatred could have induced Judas to betray the Christ? This question is important, for it involves a consideration of the real character of the betrayer and the main motive for the betrayal. Judas was from Kerioth in Judea and was the only Judean among the Twelve. Why Judas was selected as a member of the Apostolic company is too deep a mystery to be solved by the author of these pages. Besides, the consideration of the elements of predestination in his case is foreign to the purpose of this work. His character as a purely human agency is sufficient to answer the present design. Judas had undoubtedly demonstrated business capacity in some way before his appointment to the treasury portfolio of the little band. It cannot be doubted that greed was his besetting sin. This trait, coupled with political ambition, undoubtedly accounts for his downfall and destruction. He was one of those simple-minded, short-sighted individuals of his day who believed that a political upheaval was at hand which would result in the restoration of the independence of Israel as a separate kingdom. He believed that this result would be brought about through the agency of a temporal Messiah, an earthly deliverer of almost divine qualities. He thought at first that he saw in Jesus the person of the Messiah, and in the Apostolic band the nucleus of a revolution. He was gratified beyond measure at his appointment to the treasury position, for he felt sure that from it promotion was in sight.

He was perfectly contented to carry for a while the "little bag,"

provided there was reasonable a.s.surance that later on he would be permitted to carry a larger one.

As the months and years rolled by, heavy scales began to fall from his stupid eyes and he began to be deceived not by but in Jesus. We are justified in believing that Judas never even remotely appreciated the spiritual grandeur of the Christ. He probably had intellect and soul enough to be charmed and fascinated by the lofty bearing and eloquent discourse of Jesus, but after all he perceived only the necessary qualifications of a great republican leader and successful revolutionist. And after a while he doubtless began to tire of all this when he saw that the revolution was not progressing and that there was no possibility of actual and solid results. It is probable that disaffection and treachery were born and began to grow in his mind and heart at Capernaum, when Jesus was deserted by many of His followers and was forced to effect a realignment along spiritual lines. Judas was not equal to the spiritual test, and it was doubtless then that the disintegration of his moral nature began, which stopped only with betrayal, infamy, and death.

But by what process, we may ask, was the mercenary disposition of Judas converted into hatred against Jesus? The process was that of disappointment. When Judas became convinced that all the years of his connection with the Apostolic company had been lost, his will became embittered and his resentment was aroused. In the denseness of his ignorance and in the baseness of his soul he probably thought that Jesus had deceived His followers as to His true mission and he felt enraged because he had been duped. He had looked forward to worldly promotion and success. He had fondly hoped that the eloquence of Jesus would finally call around Him an invincible host of enthusiastic adherents who would raise the standard of revolt, drive the Romans from Judea, and establish the long-looked-for kingdom of the Jews. He had noted with deep disappointment and unutterable chagrin the failure of Jesus to proclaim Himself king when, at Bethphage, the mult.i.tude had greeted His entrance into Jerusalem with Hosannas and acclamations. And now, at the Last Supper, he became convinced from the conduct and discourses of the Master that his worst fears were true, that Jesus was sincere in His resolution to offer Himself as a sacrifice for the sake of a principle which he, Judas, did not approve because he could not understand. In other words, he witnessed in the resolve of Jesus to die at once the shipwreck of his hopes, and he made haste to vent his wrath upon the author of his disappointment.

The writer agrees with Renan that the thirty pieces of silver were not the real or leading inducement to this black and monumental betrayal.

Having taken the fatal step, by leaving the Upper Room in the home of Mark, to deliver his Lord and Master into the hands of enemies, a bitter hatred was formed at once against the innocent victim of his foul designs, on the well-known principle of human nature that we hate those who have induced us to do that which causes us to despise and hate ourselves.

"Thou shalt not avenge or bear any grudge against the children of thy people."

Where, in the annals of the universe, do we find another such case of vengeance and grudge as this of Judas against Jesus?

"But thou shalt love thy neighbor as thyself."

This commandment of the Mosaic law was also the great commandment of the Master of Galilee, and in violating it by consenting to betray and sacrifice Jesus, Judas a.s.saulted and destroyed in his own soul the cardinal principle of the two great religious dispensations of his race.

And yet this informer, conspirator, and malefactor was employed by the chief priests in effecting the arrest of Jesus. Was not a fundamental rule of Mosaic law violated? Will it be urged that the rule operated against Judas but not against the chief priests? If so, it must be remembered that no wicked instrument could be used in promoting Hebrew justice. Officers of the law were not permitted to require a citizen to do an act which was forbidden by law. If Jesus was innocent, then the arrest was illegal. If He was guilty, then Judas, his Apostle and fellow-worker, was an accomplice; and no accomplice could be utilized in furtherance of justice, under Hebrew law, either in the matter of arrest or in the establishment of guilt as a witness at the trial.

According to the Talmud, there was at least one seeming exception to this rule. Renan describes it with peculiar clearness and succinctness.

"The procedure," he says, "against the 'corrupter' (mesith), who sought to attaint the purity of religion, is explained in the Talmud, with details, the nave impudence of which provokes a smile. A judicial ambush is therein erected into an essential part of the examination of criminals. When a man was accused of being a 'corrupter,' two witnesses were suborned who were concealed behind a part.i.tion. It was arranged to bring the accused into a contiguous room, where he could be heard by these two witnesses without his perceiving them. Two candles were lighted near him, in order that it might be satisfactorily proved that the witnesses 'saw him.' (In criminal matters, eyewitnesses alone were admitted. Mishna, Sanhedrin VI, 5.) He was then made to repeat his blasphemy; next urged to retract it. If he persisted, the witnesses who had heard him conducted him to the Tribunal and he was stoned to death.

The Talmud adds that this was the manner in which they treated Jesus; that he was condemned on the faith of two witnesses who had been suborned, and that the crime of 'corruption' is, moreover, the only one for which the witnesses are thus prepared."[234]

Most Gentile writers ridicule this statement of the Talmud, and maintain that it was a Rabbinic invention of post-Apostolic days, and was intended to offer an excuse for the outrageous proceedings against the Christ. Schurer dismisses the whole proposition with contempt. Many Jewish scholars also refuse it the sanction of their authority. But even if it was a Talmudic rule of law in force at the time of Christ, its const.i.tutionality, so to speak, might be questioned, in the first place; since it was, in spirit at least, repugnant to and subversive of the Mosaic provision in Leviticus cited above. It must not be forgotten that the Mosaic Code was the const.i.tution, the fundamental law of Judaism, by which every Rabbinic interpretation and every legal innovation was to be tested.

Again, such a law would have been no protection to the chief priests and to Judas against the operation of this Mosaic injunction. If such a rule of procedure could be justified upon any ground, it would require disinterested men acting from honorable motives, in promoting the maintenance of law and order. Officers of the law have sometimes, as pretended accomplices, acted in concert with criminals in order to secure and furnish evidence against them. But they were officers of the law, and the courts have held that their evidence was not accomplice testimony requiring corroboration. It is very clear that Judas was not such a disinterested witness, acting in the interest of public justice.

He was a fugitive from the Last Supper of his Master, a talebearer within the meaning of the provision in Leviticus; and his employment by the Sanhedrin was a violation of a fundamental provision in the Mosaic Code.

The third illegality in the arrest of Jesus was that His capture was not the result of a legal mandate from a court whose intentions were to conduct a legal trial for the purpose of reaching a righteous judgment.

"This arrest," says Rosadi, "effected in the night between Thursday and Friday, the last day of the life of Jesus, on Nisan 14, according to the Hebrew calendar, was the execution of an illegal and factious resolution of the Sanhedrin. There was no idea of apprehending a citizen in order to try him upon a charge which after sincere and regular judgment might be found just or unfounded; the intention was simply to seize a man and do away with him. The arrest was not a preventive measure such as might lawfully precede trial and condemnation; it was an executive act, accomplished in view of a sentence to be p.r.o.nounced without legal justification."

POINT II

THE PRIVATE EXAMINATION OF JESUS BEFORE ANNAS (OR CAIAPHAS) WAS ILLEGAL

LAW

"Now the Jewish law prohibited _all proceedings by night_."--DUPIN, "Jesus Devant Caphe et Pilate."

"Be not a sole judge, for there is no sole judge but One."--MISHNA, Pirke Aboth IV. 8.

"A principle perpetually reproduced in the Hebrew scriptures relates to the two conditions of _publicity_ and liberty. An accused man was never subjected to private or secret examination, lest, in his perplexity, he furnish damaging testimony against himself."--SALVADOR, "Inst.i.tutions de Mose," pp. 365, 366.

FACT AND ARGUMENT

The private examination before Annas (or Caiaphas) was illegal for the following reasons: (1) The examination was conducted at night in violation of Hebrew law; (2) no judge or magistrate, sitting alone, could interrogate an accused judicially or sit in judgment upon his legal rights; (3) private preliminary examinations of accused persons were not allowed by Hebrew law.

The general order of events following the arrest in the garden was this: (1) Jesus was first taken to the house of Annas; (2) after a brief delay He was sent by Annas to Caiaphas, the high priest, in whose palace the Sanhedrin, or a part thereof, had already a.s.sembled; (3) He was then brought before this body, tried and condemned; (4) He remained, during the rest of the night, in the high priest's palace, exposed to the insults and outrages of His keepers; and was finally and formally sentenced to death by the Sanhedrin which reconvened at the break of day.

That Jesus was privately examined before His regular trial by the Sanhedrin is quite clear. But whether this preliminary examination took place before Annas or Caiaphas is not certainly known. John alone records the private interrogation of Jesus and he alone refers to Annas in a way to connect him with it. This Evangelist mentions that they "led him away to Annas first."[235] Matthew says that after the arrest of Jesus, they "led him away to Caiaphas the high priest,"[236] without mentioning the name of Annas. Mark tells us that "they led Jesus away to the high priest";[237] but he does not mention either Annas or Caiaphas.

Luke records that they "took him, and led him, and brought him into the high priest's house,"[238] without telling us the name of the high priest.

"The high priest then asked Jesus of his disciples and of his doctrine."[239] This was the beginning of the examination. But who was the examiner--Annas or Caiaphas? At first view we are inclined to declare that Caiaphas is meant, because he was undoubtedly high priest in that year. But Annas is also designated as high priest by Luke in several places.[240] In Acts iv. 6 he mentions Caiaphas without an official t.i.tle, but calls Annas high priest. It is therefore not known to whom John refers when he says that the "high priest asked Jesus of his disciples and of his doctrine." For a lengthy discussion of this point, the reader is referred to Andrews's "Life of Our Lord," pp.

505-510.

But it is absolutely immaterial, from a legal point of view, whether it was Annas or Caiaphas who examined Jesus, as the proceedings would be illegal in either case. For whether it was the one or the other, neither had the right to sit alone as judge; neither had the right to conduct any judicial proceeding at night; neither had the right to inst.i.tute a secret preliminary examination by day or night.

Attention has been called to the matter as involving a question of historical rather than of legal consequence. A knowledge of the true facts of the case might, however, throw light upon the order and connection of the proceedings which followed the same night. For if the private examination recorded by John was had before Annas, it was doubtless separated by a certain interval of place and time from the later proceedings before Caiaphas. Then it is reasonable to suppose that the examination of witnesses, the confession and condemnation which took place at the regular trial before the Sanhedrin over which Caiaphas presided, happened later in the night, or even toward morning, and were of the nature of a regular public trial. If, on the other hand, Annas sent Jesus without delay to Caiaphas, who examined Him, it is reasonable to conclude that witnesses were at once produced, and that the adjuration and condemnation immediately followed. If such were the case, a considerable interval of time must have intervened between these proceedings and the meeting of the Sanhedrin which was had in the morning to confirm the judgment which had been p.r.o.nounced at the night session. But these considerations are really foreign to the question of legal errors involved, which we come now to discuss.

[Ill.u.s.tration: JESUS IN GETHSEMANE (HOFFMAN)]

In the first place, the private examination of Jesus, whether by Annas or Caiaphas, took place at night; and we have learned from Dupin that _all proceedings at night in capital cases_ were forbidden.

In the second place, no judge or magistrate, sitting alone, could interrogate an accused person judicially or sit in judgment upon his legal rights. We have seen in Part II of this volume that the Hebrew system of courts and judges provided no single magistrates who, sitting alone, could adjudicate causes. The lowest Hebrew court consisted of three judges, sometimes called the Court of Three. The next highest tribunal was the Minor Sanhedrin of three-and-twenty members. The supreme tribunal of the Jews was the Great Sanhedrin of seventy-one members. There was no such thing among the ancient Hebrews as a court with a single judge. "Be not a sole judge, for there is no sole judge but One," is one of the most famous aphorisms of the Pirke Aboth. The reason of this rule is founded not only in a religious exaction born of the jealousy of Jehovah, but in the principle of publicity which provides for the accused, in the very number of judges, a public hearing. The same principle is suggested by the number of witnesses required by both the Mishna and Mosaic Code for the conviction of a prisoner. At least "two or three witnesses" were required to appear publicly and give testimony against the accused, else a conviction could not follow.

Again, preliminary examinations of accused persons were not allowed by Hebrew law. In the American states and in some other countries, a man suspected of crime and against whom an information or complaint has been lodged, is frequently taken before an examining magistrate to determine whether he should be discharged, admitted to bail, or sent to prison to await the action of a Grand Jury. At such hearing, the prisoner is usually notified that he is at liberty to make a statement regarding the charge against him; that he need not do so unless he desires; but that if he does, his testimony may be subsequently used against him at the regular trial of the case. But such proceedings, according to Salvador, were forbidden by ancient Hebrew law. The preliminary examination, therefore, by Annas or Caiaphas was illegal. The reason of the rule, as above stated, was to protect the prisoner against furnishing evidence that might be used against him at the regular trial of his case. The private examination of Jesus ill.u.s.trates the justice of the rule and the necessity of its existence, for it was undoubtedly the purpose of Annas or Caiaphas to gather material in advance to lay before the regularly a.s.sembled Sanhedrin and thereby expedite the proceedings at the expense of justice.

If it be contended that the leading of Jesus to Annas first, which St.

John alone relates, was merely intended to give the aged Sanhedrist an opportunity to see the prisoner who had been causing such commotion in the land for several years; and that there was no examination of Jesus before Annas--the interrogation by the high priest concerning the disciples and the doctrine of Jesus being construed to refer to an examination by Caiaphas, and being identical with the night trial referred to by Matthew and Mark--reply may be made that, under any construction of the case, there was at least an illegal appearance before Annas, as mere vulgar curiosity to see a celebrated prisoner was no excuse for the violation of the spirit if not the letter of the law.

It is inconceivable, however, to suppose that Annas did not actually interrogate Jesus concerning His disciples, His doctrine, and His personal pretensions. To suppose that he demanded to see Jesus for no other reason than to get an impression of His looks, is to insult common sense. If Annas examined the prisoner, though only slightly, concerning matters affecting the charges against Him that might endanger His life or liberty, he had violated a very important rule of Hebrew criminal procedure. The question of the amount of examination of the accused is immaterial.

It is not known whether Annas at this time sat in the Great Sanhedrin as a judge. He had been deposed from the high priesthood nearly twenty years before by the procurator Valerius Gratus, for imposing and executing capital sentences. But he was, nevertheless, still all-powerful in the great Council of the Jews. Edersheim says that though "deprived of the Pontificate, he still continued to preside over the Sanhedrin."[241] Andrews is of the opinion that "he did in fact hold some high official position, and this probably in connection with the Sanhedrin, perhaps as occasional president."[242] Basing his criticism upon the words in Luke, "Annas and Caiaphus being the high priests,"[243] Dr. Plummer believes "that between them they discharged the duties, or that each of them in different senses was regarded high priest, Annas _de jure_, and Caiaphas _de facto_."[244] This is a mere supposition, however, since there is no historical evidence that Annas was restored to the pontificate after his deposition by Valerius Gratus, A.D. 14.[245] The phrase, "Annas and Caiaphas being high priests,"

refers to the fifteenth year of the reign of Tiberius Caesar, which was A.D. 26.

After all, it is here again an historical more than a legal question, whether Annas was an official or not at the time of the appearance of Jesus before him. In either case his preliminary examination of the Christ was illegal. If he was a member of the Sanhedrin, the law forbade him to hold an informal preliminary examination at night. He certainly could not do this while sitting alone. If he was not a magistrate, as Dupin very properly contends, this fact only added to the seriousness of the illegality of subjecting a prisoner to the whimsical examination of a private citizen.

Whether a member of the Sanhedrin or not, Annas was at the time of Christ and had been for many years its dominating spirit. He himself had been high priest. Caiaphas was his son-in-law, and was succeeded in the high priesthood by four sons of Annas. The writer does not believe that Annas had any legal connection with the Sanhedrin, but, like many American political bosses, exercised more authority than the man that held the office. He was simply the political tool of the Roman masters of Judea, and the members of the Sanhedrin were simply figureheads under his control.

Again, the private examination of Jesus was marked by an act of brutality which Hebrew jurisprudence did not tolerate. This was not enumerated above as an error, because it was not probably a violation of any specific rule of law. But it was an outrage upon the Hebrew sense of justice and humanity which in its normal state was very pure and lofty.

"The high priest then asked Jesus of his disciples and of his doctrine.

Jesus answered him, I spake openly to the world; I ever taught in the Synagogue, and in the Temple, whither the Jews always resort; and in secret have I said nothing. Why askest thou me? ask them which heard me, what I have said unto them: behold, they know what I said." In this reply Jesus planted Himself squarely upon His legal rights as a Jewish citizen. "It was in every word the voice of pure Hebrew justice, founded upon the broad principle of their judicial procedure and recalling an unjust judge to the first duty of his great office."

"And when he had thus spoken, one of the officers which stood by struck Jesus with the palm of his hand, saying, Answerest thou the high priest so?" Again the Nazarene appealed for protection to the procedure designed to safeguard the rights of the Hebrew prisoner. "Jesus answered him, If I have spoken evil, bear witness of the evil: but if well, why smitest thou me?"[246]

We have seen that, under Hebrew law, the witnesses were the accusers, and their testimony was at once the indictment and the evidence. We have also seen that a Hebrew prisoner could not be compelled to testify against himself, and that his uncorroborated confession could not be made the basis of a conviction. "_Why askest thou me? ask them that heard me_, what I have said unto them." This was equivalent to asking: Do you demand that I incriminate myself when our law forbids such a thing? Why not call witnesses as the law requires? If I am an evil-doer, bear witness of the evil, that is, let witnesses testify to the wrongdoing, that I may be legally convicted. If I am not guilty of a crime, why am I thus maltreated?