The Trial of Jesus from a Lawyer's Standpoint Volume I Part 18

FACT AND ARGUMENT

IN the trial of capital cases, the Great Sanhedrin was required to meet in an apartment of the National Temple at Jerusalem, known as the Hall of Hewn Stones (Lishkhath haggazith). Outside of this hall no capital trial could be conducted and no capital sentence could be p.r.o.nounced.[295] This place was selected in obedience to Mosaic injunction: "Thou shalt do according to the tenor of the sentence, which they may point out to thee _from the place which the Lord shall choose_."[296] The Rabbis argued that the Great Council could not try a capital case or p.r.o.nounce a death sentence, unless it met and remained in the place chosen by G.o.d, which, they contended, should be an apartment of the Great Temple. The Lishkhath haggazith was chosen, and continued for many years to be the meeting place of the supreme tribunal.

But Jesus was not tried or condemned to death in the Hall of Hewn Stones, as Hebrew law required. It is clearly evident, from the Gospels, that He was tried and sentenced in the palace of Caiaphas, probably on Mount Zion. It is contended by the Jews, however, that soon after the Roman conquest of Judea the Great Sanhedrin removed from the sacred place to Bethany, and from there to other places, as occasion required.

And there is a Jewish tradition that the court returned to the accustomed place on the occasion of the trial and condemnation of Jesus.[297]

In opposition to this, Edersheim says: "There is truly not a t.i.ttle of evidence for the a.s.sumption of commentators that Christ was led from the palace of Caiaphas into the Council Chamber (Lishkhath haggazith). The whole proceedings took place in the former, and from it Christ was brought to Pilate."[298] St. John emphatically declares: "Then led they Jesus from Caiaphas into the hall of judgment."[299] This Hall of Judgment was the Praetorium of Pilate.

The first irregularity, then, noted under Point X is that Jesus was tried and condemned in the palace of Caiaphas instead of the Hall of Hewn Stones, the regular legal meeting place of the Great Sanhedrin.

The second error noted under Point X is that which relates to the rending of garments by the high priest. "An ordinary Israelite could, as an emblem of bereavement, tear his garments, but to the high priest it was forbidden, because his vestments, being made after the express orders of G.o.d, were figurative of his office."[300]

When Jesus confessed that He was Christ the Son of G.o.d, Caiaphas seems to have lost his balance and to have committed errors with all the rapidity of speech. "Then the high priest rent his clothes, and saith, What need we any further witnesses? ye have heard the blasphemy: what think ye? And they all condemned him to be guilty of death."[301] In this language and conduct of the son-in-law of Annas there were several irregularities in procedure. The first was the rending of garments reported by Matthew and Mark, which act was forbidden by the provisions of the Mosaic Code, recorded in Leviticus and cited above.

But it is only fair to state the dissenting opinion on this point. In the times of Christ it seems to have been the custom among the Jews to rend the garments as a sign of horror and execration, whenever blasphemous language was heard. Edersheim states the rule: "They all heard it--and, as the law directed, when blasphemy was spoken, the high priest rent both his outer and inner garment, with a rent that might never be repaired."[302] The law here referred to, however, is the Rabbinic or Talmudic and not the Mosaic law. It should be remembered that the Mosaic Code was the const.i.tution or fundamental law of the ancient Hebrews. The Talmudic law embodied in the Mishna was, in a sense, a mere commentary upon the Mosaic law. We have seen in Chapter I of Part II of this volume that the traditional law was based upon, derived from, and inspired by the written law contained in the Pentateuch. It is true that the Talmud, while professing subordination to the Pentateuch, finally virtually superseded it as an administrative code. But the doctors never repealed a Mosaic injunction, since it was an emanation of the mind of Jehovah and could not be abrogated by human intelligence. When an ancient ordinance ceased to be of practical value the Jewish legists simply declared that it had fallen into desuetude.

And whenever a new law was proclaimed to meet an emergency in the life of the Hebrew people the Rabbins declared that it was derived from and inspired by some decree which G.o.d had handed down to Moses for the benefit of the nation. In other words, the Mosaic Code was Israel's divine const.i.tution which was to serve as a standard for all future legislation. And as the Jewish lawmakers were not permitted to repeal a Mosaic ordinance, neither were they allowed to establish a rule in contravention of it. Now the Pentateuch forbade the rending of garments.

Then did the Talmudists have a right to declare that the law might be changed or broken in the case of blasphemy? That they did is denied by many writers.

But admitting the validity of the Talmudic rule, it is nevertheless beyond dispute that the high priest was forbidden to rend his clothes on Sabbaths and holidays. And as Jesus was condemned on both a Sabbath and a festival day, the high priest's action in rending his clothes on that day was illegal.[303]

Again, the proceedings against Jesus were illegal because the balloting was irregular. This is the third error noted under Point X.

The Hebrew law required that each judge, when his time came to vote upon the guilt or innocence of the accused, should rise in his place, declare his vote, and state his reasons for so voting. In capital cases the youngest judge was required to vote first, in order that he might not be unduly influenced by the example of his seniors in age and authority.

The balloting continued in this manner from the youngest member to the high priest, who was generally among the oldest. Two scribes--according to some writers, three--were present to record the votes and to note the reasons stated. These records were to be used on the second day of the trial in comparing the arguments of the judges on that day with those offered on the first day. Judges who had voted for acquittal on the first day could not change their votes on the second day. Those who had voted for conviction on the first day might change their votes on the second day, by a.s.signing good reasons. Those who had voted for conviction on the first day could not vote for conviction on the second day, if the reasons a.s.signed on the second day were radically different from those a.s.signed on the first day.[304] It will thus be seen how very essential were the records of the scribes and how important it was that they should be correctly kept. Hence the necessity, according to Benny, of a third scribe whose notes might be used to correct any discrepancies in the reports of the other two.

Now are we justified in a.s.suming that this was the method employed in counting votes at the trial of Jesus? The law will not permit us to presume errors. We must rather a.s.sume that this was the method employed, unless the Gospel record indicates, either by plain statement or by reasonable construction, that it was not the method used.

In this connection, let us review the language of the Scriptures. "Ye have heard the blasphemy: what think ye? And they all condemned him to be guilty of death." Is it not clearly evident, from this pa.s.sage, that the balloting was not done singly, the youngest voting first, as Hebrew law required? Can it not be seen at a glance that the judges voted _en ma.s.se_? If they did, was it possible for the scribes to record the votes and make a note of the reasons a.s.signed, as the law required? If these things were not done, were the proceedings regular?

According to Matthew, Caiaphas, before calling for the votes exclaimed: "He hath spoken blasphemy."[305] Instead of doing this should he not, under the law, have carefully concealed his opinion until the younger members of the court had voted? Is it not a matter of history that the opinion of the high priest was regarded as almost infallible authority among the ancient Hebrews? Did not this premature declaration of guilt on the part of the high priest rob the subordinate judges of freedom of suffrage?

The conduct of the case at the close, when the balloting took place, seems to justify the view of those writers who a.s.sert that there was no regular trial of Jesus, but rather the action of a mob.

POINT XI

THE MEMBERS OF THE GREAT SANHEDRIN WERE LEGALLY DISQUALIFIED TO TRY JESUS

LAW

"The robe of the unfairly elected judge is to be respected not more than the blanket of the a.s.s."--MENDELSOHN, "Hebrew Maxims and Rules," p. 182.

"As Moses sat in judgment without the expectation of material reward, so also must every judge act from a sense of duty only."--MENDELSOHN, "Hebrew Maxims and Rules," p. 177.

"Nor must there be on the judicial bench either a relation, or a particular friend, or an enemy of either the accused or of the accuser."--MENDELSOHN, "Criminal Jurisprudence of the Ancient Hebrews," p. 108.

"He (the Hebrew judge) was, in the first instance, to be modest, of good repute among his neighbors, and generally liked."--BENNY, "Criminal Code of the Jews," p. 38.

"Nor under any circ.u.mstances, was a man known to be _at enmity with the accused person_ permitted to occupy a position among his judges."--BENNY, "Criminal Code of the Jews," p. 37.

FACT AND ARGUMENT

THE Gospel records disclose the fact that the members of the Great Sanhedrin were legally disqualified to try Jesus. This disqualification was of two kinds: (1) A general disqualification, under Hebrew law, to act as judges in any case; (2) a special disqualification to sit in judgment upon the life of Jesus.

Among all the great systems of jurisprudence of the world the ancient Hebrew system was the most exacting in the matter of judicial fitness.

In the palmiest days of the Hebrew Commonwealth the members of the Great Sanhedrin represented the most perfect mental, moral, and physical development of the Hebrew people. A man could not be a member of this court who had any serious mental, moral, or physical defect. He must have been "learned in the law," both written and unwritten. He must have had judicial experience; that is, he must have filled three offices of gradually increasing dignity, beginning with one of the local courts and pa.s.sing successively through two magistracies at Jerusalem. He must have been an accomplished linguist; that is, he must have been thoroughly familiar with the languages of the surrounding nations. He must have been modest, popular, of good appearance, and free from haughtiness. He must have been pious, strong, and courageous. And above all, he must have been friendly in his att.i.tude toward the accused.[306]

These were the qualifications of Israel's judges before Roman politics had corrupted them. But at the time of Christ they had grown to be time-serving, degenerate, and corrupt. Judea was then pa.s.sing through a period of religious and political revolution. At such a time in any state, as all history teaches us, the worst elements of society generally get the upper hand and control the political currents of the day. Many members of the Sanhedrin had themselves been guilty of criminal acts in both public and private life. Many of them held office by purchase--they had bought their seats. They were thus unfitted to be judges in any case; especially in one involving the great question of life and death.

In order to show the general disqualification, under the test of Hebrew law, of the members of the Great Sanhedrin, at the time of Christ, to exercise judicial functions, it is necessary to quote only Jewish authorities. In "The Martyrdom of Jesus," Rabbi Wise says: "The chief priests, under the iron rule of Pilate and his wicked master, Sejan, were the tools of the Roman soldiers who held Judea and Samaria in subjection. Like the high priest, they were appointed to and removed from office by the Roman governor of the country, either directly or indirectly. They purchased their commissions for high prices and, like almost all Roman appointees, used them for mercenary purposes. They were considered wicked men by the ancient writers and must have stood very low in the estimation of the people over whom they tyrannized. The patriots must have looked upon them as hirelings of the foreign despot whose rule was abhorred. Although there was, here and there, a good, pious and patriotic man among them, he was an exception. As a general thing, and under the rule of Pilate, especially, they were the corrupt tools of a military despotism which Rome imposed upon enslaved Palestine."

Again, the Talmud, in which we never look for slurs upon the Hebrew people, where slurs are not deserved, contains this bitter denunciation of the high-priestly families of the times of Christ: "What a plague is the family of Simon Boethus; cursed be their lances! What a plague is the family of Ananos; cursed be their hissing of vipers! What a plague is the family of Cantharus; cursed be their pens! What a plague is the family of Ismael ben Phabi; cursed be their fists! They are high priests themselves, their sons are treasurers, their sons-in-law are commanders, and their servants strike the people with staves."

In like manner the Talmud, in withering rebuke and sarcasm, again declares that "The porch of the sanctuary cried out four times. The first time, Depart from here, descendants of Eli; ye pollute the Temple of the Eternal! The second time, Let Issachar ben Keifar Barchi depart from here, who polluted himself and profaneth the victims consecrated to G.o.d! The third time, Widen yourselves, ye gates of the sanctuary and let Israel ben Phabi, the wilful, enter that he may discharge the functions of the priesthood! Yet another cry was heard, Widen yourselves, ye gates, and let Ananias ben Nebedeus, the gourmand, enter, that he may glut himself on the victims."[307]

It should be borne in mind that the high-priestly families so scathingly dealt with by the Talmud were the controlling spirits in the Great Sanhedrin at the time of Christ. Were they legally qualified, then, under the ancient and honorable tests of Hebrew law, to be members of the highest court in the land? If they bought their offices and used them for mercenary purposes, as Wise a.s.serts, were they worthy of the great exemplar, Moses, who "sat in judgment without the expectation of material reward"? If they thus secured their places and prost.i.tuted them to selfish purposes, were their robes to be respected any more than the blanket of the a.s.s?

The ancient Hebrew judges, in the days of Israel's purity and glory, submitted their claims to judicial preferment to the suffrage of a loving and confiding people.[308] They climbed the rungs of the judicial ladder by slow and painful degrees. Integrity and ability marked each advance toward the top. Was this the process of promotion in the case of Caiaphas and his fellow-judges? Did their bought and corrupted places not brand them with the anathema of the law?

We come now to consider the special disqualifications of members of the Sanhedrin to sit in judgment upon the life of Jesus. The reasons for these disqualifications were two: (1) The members of this court were, in the language of Jost, "burning enemies" of Jesus, and were therefore disqualified, under Hebrew law, to act as His judges; (2) they had determined upon His guilt, and had sentenced Him to death before the trial began; and had thus outraged not only a specific provision of Hebrew law but also a principle of universal justice.

The various causes of the hatred of the members of the Sanhedrin for Jesus are too numerous and profound to admit of exhaustive treatment here. A thorough a.n.a.lysis of these causes would necessitate a review of the life of Christ from the manger to the sepulcher. A few reasons will suffice.

But at this point a distinction should be made between that personal hatred which disqualifies and the hatred and loathing of the crime that do not disqualify. Every just and righteous judge should loathe and hate the crime itself; and a certain amount of loathing and dislike for the criminal is most natural and almost inevitable. But no judge is qualified to sit in judgment upon the rights of life, liberty, or property of another whom he hates as the result of a personal grudge, born of personal experience with the prisoner at the bar. The hatred that disqualified the members of the Sanhedrin, under Hebrew law, was that kind of hatred that had been generated by personal interest and experience. The most merciless invective, barbed with incomparable wit, ridicule, and satire, had been daily hurled at them by Jesus with withering effect. With a touch more potent than that of Ithuriel's spear He had unmasked their wicked hypocrisy and had blazoned it to the skies.

Every day of His active ministry, which lasted about three years, had been spent in denouncing their shameless practices and their guilty lives. The Scribes and Pharisees were proud, haughty, and conceited beyond description. They believed implicitly in the infallibility of their authority and in the perfection of their souls. How galling, then, to such men must have been this declaration of an obscure and lowly Nazarene: "Verily, I say unto you, That the publicans and the harlots go into the kingdom of G.o.d before you."[309] What impetuous invective this: "Woe unto you, scribes and Pharisees, hypocrites! for ye devour widows'

houses, and for a pretense make long prayer: therefore ye shall receive the greater d.a.m.nation. Woe unto you, scribes and Pharisees, hypocrites!

for ye compa.s.s sea and land to make one proselyte, and when he is made, ye make him twofold more the child of h.e.l.l than yourselves."[310] We can well imagine how these fiery darts pierced and tore the vanity of a haughty and contemptuous priesthood.

Consider for a moment the difference in the spheres of Jesus and of His enemies. He, an obscure prophet from Nazareth in Galilee; they, the leaders of Israel and the guardians of the Temple at Jerusalem. He, the single advocate of the New Dispensation; they, the manifold upholders of the Old. He, without earthly authority in the propagation of His faith; they, clothed with the sanction of the law and the prestige of a mighty past. Imagine, then, if you can, the intensity of the hatred engendered by the language and the conduct of Jesus.

That we may fully appreciate the tension of the situation let us cast a single glance at the character of the Scribes. Edersheim has written these wonderfully graphic lines about them:

He pushes to the front, the crowd respectfully giving way, and eagerly hanging on his utterances, as those of a recognized authority. He has been solemnly ordained by the laying on of hands; and is the Rabbi, "my great one," Master, amplitudo. Indeed, his hyper-ingenuity in questioning has become a proverb. There is not measure of his dignity, nor yet limit to his importance. He is the "lawyer," the "well-plastered pit," filled with the water of knowledge, "out of which not a drop can escape," in opposition to the "weeds of untilled soil" of ignorance. He is the divine aristocrat, among the vulgar herd of rude and profane "country people," who "know not the law," and are "cursed." Each scribe outweighed all the common people, who must accordingly pay him every honor.... Such was to be the respect paid to their sayings that they were to be absolutely believed, even if they were to declare that to be at the right hand which was at the left, or vice-versa.[311]

What could, then, be more terrific than the hatred of such a character for an unlettered Galilean who descended from the mountains of His native province to rebuke and instruct the "divine aristocrats" in religious matters and heavenly affairs? Imagine his rage and chagrin when he heard these words: "Woe unto you, scribes and Pharisees, hypocrites! for ye are like unto whited sepulchres, which indeed appear beautiful outward, but are within full of dead men's bones, and all uncleanness.... Woe unto you, scribes and Pharisees, hypocrites! because ye build the tombs of the prophets, and garnish the sepulchres of the righteous, And say, If we had been in the days of our fathers, we would not have been partakers with them in the blood of the prophets.

Wherefore ye be witnesses unto yourselves, that ye are the children of them which killed the prophets. Fill ye up then the measure of your fathers. Ye serpents, ye generation of vipers, how can ye escape the d.a.m.nation of h.e.l.l?"[312]

"His exquisite irony," says Renan, "His stinging remarks, always went to the heart. They were everlasting stings, and have remained festering in the wound. This Nessus-shirt of ridicule which the Jew, son of the Pharisees, has dragged in tatters after him during eighteen centuries, was woven by Jesus with a divine skill. Masterpieces of fine raillery, their features are written in lines of fire upon the flesh of the hypocrite and the false devotee. Incomparable traits worthy of a Son of G.o.d! A G.o.d alone knows how to kill in this way. Socrates and Moliere only grazed the skin. The former carried fire and rage to the very marrow."[313]

Are we not now justified in a.s.serting, with Jost, that the members of the Sanhedrin, who were none other than the Scribes and Pharisees above described by Jesus, were the "burning enemies" of the prisoner at the bar? If they were, were they legally qualified to be His judges?

But it may be argued that their hatred was simply a form of righteous indignation provoked by His repeated a.s.saults upon the national religion and the national inst.i.tutions; that it was their duty as guardians of both to both hate and try Him; and that they would have been derelict in duty if they had not done so. But it is apparent from the record and is evident to any fair-minded reader that the enmity of the judges toward Jesus was more personal than political, more a private than a public affair. In support of this contention, in addition to the withering language addressed to them, the matter of the purification of the Temple may be mentioned. It will be remembered how Jesus, with a scorpion lash, scourged the money-changers and traders from the Sanctuary. Now it is historically true that Annas and Caiaphas and their friends owned and controlled the stalls, booths, and bazaars connected with the Temple and from which flowed a most lucrative trade. The profits from the sale of lambs and doves, sold for sacrifice, alone were enormous. When Jesus threatened the destruction of this trade He a.s.saulted the interests of Annas and his a.s.sociates in the Sanhedrin in a vital place. This grievance was certainly not so religious as it was personal. The driving of the cattle from the stalls was probably more effective in compa.s.sing the destruction of the Christ than any miracle that He performed or any discourse that He delivered. But whatever the cause the fact is historic and indisputable that the Sanhedrists were enemies of Jesus, and therefore disqualified under Hebrew law to try Him.

A second reason for the special disqualification of the members of the Sanhedrin to sit as judges at the trial of Christ was the fact that they had determined upon His guilt and had sentenced Him to death before the trial began. This point needs no extensive argument or ill.u.s.tration.

Under every enlightened system of justice the first great qualification of judges has been that they should be unbiased and unprejudiced.