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 ass."—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 circumstances, 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 passing 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 attitude 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 passing 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 Bœthus; 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 God! 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 asserts, 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 prostituted them to selfish purposes, were their robes to be respected any more than the blanket of the ass?
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 analysis 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 God 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 damnation. Woe unto you, scribes and Pharisees, hypocrites! for ye compass sea and land to make one proselyte, and when he is made, ye make him twofold more the child of hell 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 damnation of hell?"[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 God! A god alone knows how to kill in this way. Socrates and Molière only grazed the skin. The former carried fire and rage to the very marrow."[313]
Are we not now justified in asserting, 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 assaults upon the national religion and the national institutions; 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 assaulted the interests of Annas and his associates 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 compassing 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 illustration. Under every enlightened system of justice the first great qualification of judges has been that they should be unbiased and unprejudiced. Judicial proceedings are murderous and no better than mob violence when judges and jurors enter upon the trial of the case with a determination to convict the accused, regardless of the testimony. The principles underlying this proposition are fundamental and self-evident.
Now the Gospel narratives disclose the fact that three different meetings of the Sanhedrin were held in the six months preceding the crucifixion, to discuss the miracles and discourses of Jesus, and to devise ways and means to entrap Him and put Him to death.
The first meeting was held in the latter part of the month of September, A.D. 29, about six months before the night trial in the palace of Caiaphas. This meeting is recorded by St. John in Chap. vii., verses 37-53. The occasion was the Feast of Tabernacles, when Jesus made many converts by His preaching, and at the same time caused much apprehension among the Pharisees, who assembled the Sanhedrin to adopt plans to check His career. It was on this occasion that Nicodemus defended Christ and asked the question that shows the nature of the proceedings at that time. "Doth our law judge any man before it hear him and know what he doeth?" This was the voice, not only of Hebrew but of universal justice demanding a hearing before a condemnation. Nothing definite seems to have been accomplished at this meeting.
The second session of the Sanhedrin took place in the month of February, A.D. 30, about six weeks before the crucifixion. The occasion of this meeting was the resurrection of Lazarus, an account of which is given in John xi. 41-53. The chief priests and Pharisees seem to have been seized with consternation by the reports of the progress of the propaganda of Jesus. They had often listened contemptuously and in sullen silence to the accounts of His miraculous performances. But when He began to raise the dead to life, they decided that it was about time to act. At this meeting Caiaphas appealed to his associates in the name of the common weal. "Ye know nothing at all," he said, "nor consider that it is expedient for us, that one man should die for the people, and that the whole nation perish not."[314] This seems to have been a form of condemnation in which the other judges joined. "Then from that day forth they took counsel together for to put him to death."[315] At this second session of the Sanhedrin the death of Jesus seems to have been decreed in an informal way and an opportunity was awaited for its accomplishment.
The third meeting of the Sanhedrin took place just a few days before the Paschal Feast.
"Now the feast of unleavened bread drew nigh, which is called the Passover. And the chief priests and scribes sought how they might kill him; for they feared the people."[316] "Then assembled together the chief priests, and the scribes, and the elders of the people, unto the palace of the high priest, who was called Caiaphas, and consulted that they might take Jesus by subtilty, and kill him. But they said, Not on the feast day, lest there be an uproar among the people."[317]
At this third session of the court it was agreed that the arrest and execution of Jesus should be accomplished at the earliest possible date.
It will be seen that at these different sessions of the Sanhedrin in the six months preceding the regular trial the judges had resolved that Jesus should be done away with at the first convenient opportunity. In short, and in fact, their hatred was formed and their determination fixed in the matter of the proceedings to be instituted against Him. Were they, then, legally qualified to act as His judges?
Again, besides prejudging Him to death had they not demonstrated their total unfitness for any righteous administration of justice by seeking false witnesses against Him? Hebrew law forbade them to seek for witnesses of any kind. They were the defenders of the accused and, under the Hebrew system, were required to search for pretexts to acquit and not for witnesses to condemn.[318] It was a maxim that "the Sanhedrin was to save, not to destroy life."[319] Much more were they forbidden to seek for false witnesses. Hebrew law denounced false witnesses and condemned them to the very punishment prescribed for those whom they sought to convict.
"And the judges shall make diligent inquisition; and, behold, if the witness be a false witness, and hath testified falsely against his brother; then shall ye do unto him, as he had thought to do unto his brother.... And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot."[320]
But here we find the judges actually seeking testimony which the law pointedly prohibited. This matter alone establishes their utter unfitness to try Jesus, and is explicable only on the ground of the degradation into which they had fallen at the time of Christ and on the hypothesis that their burning hatred had overwhelmed their judgment and sense of justice.
If it be objected that the points of disqualification above alleged were not applicable to all the judges, a single sentence of Scripture meets the objection: "And the chief priests and all the council sought for witness against Jesus to put Him to death."[321] The fact that "all the council" were willing to outrage a provision of the fundamental law is sufficient proof that they were all disqualified to try Christ.
Another conclusive proof of the total unfitness of the members of the Sanhedrin to try Jesus is the fact that they so far forgot themselves that they abandoned all sense of self-respect and judicial dignity by brutally striking Him and spitting in His face. We would like to believe that this outrageous conduct was limited to the servants of the priests, but the Gospel of St. Mark, Chap. xiv., verse 65, clearly indicates that the judges themselves were also guilty.