Every document, apparently ancient, coming from the proper repository or custody, and bearing on its face no evident marks of forgery, the law presumes to be genuine, and devolves on the opposing party the burden of proving it to be otherwise.
§ 9. An ancient document, offered in evidence in our courts, is said to come from the proper repository, when it is found in the place where, and under the care of persons with whom, such writings might naturally and reasonably be expected to be found; for it is this custody which gives authenticity to documents found within it.[9] If they come from such a place, and bear no evident marks of forgery, the law presumes that they are genuine, and they are permitted to be read in evidence, unless the opposing party is able successfully to impeach them.[10] The burden of showing them to be false and unworthy of credit, is devolved on the party who makes that objection. The presumption of law is the judgment of charity. It presumes that every man is innocent until he is proven guilty; that everything has been done fairly and legally, until it is proved to have been otherwise; and that every document, found in its proper repository, and not bearing marks of forgery, is genuine. Now this is precisely the case with the Sacred Writings. They have been used in the church from time immemorial, and thus are found in the place where alone they ought to be looked for. [pg 008] They come to us, and challenge our reception of them as genuine writings, precisely as Domesday Book, the Ancient Statutes of Wales, or any other of the ancient documents which have recently been published under the British Record Commission, are received. They are found in familiar use in all the churches of Christendom, as the sacred books to which all denominations of Christians refer, as the standard of their faith. There is no pretence that they were engraven on plates of gold and discovered in a cave, nor that they were brought from heaven by angels; but they are received as the plain narratives and writings of the men whose names they respectively bear, made public at the time they were written; and though there are some slight discrepancies among the copies subsequently made, there is no pretence that the originals were anywhere corrupted. If it be objected that the originals are lost, and that copies alone are now produced, the principles of the municipal law here also afford a satisfactory answer. For the multiplication of copies was a public fact, in the faithfulness of which all the Christian community had an interest, and it is a rule of law, that, in matters of public and general interest, all persons must be presumed to be conversant, on the principle that individuals are presumed to be conversant with their own affairs. Therefore it is that, in such matters, the prevailing current of assertion is resorted to as evidence, for it is to this that every member of the community is supposed to be privy.[11] The persons, moreover, who multiplied these copies, may be regarded, in some manner, as the agents of the Christian public, for whose use and benefit the copies were made; and on the ground of the credit due to such agents, and of the public nature of the facts themselves, the copies thus made are entitled to an extraordinary degree of confidence, and, as in the case of official registers and other public books, it is not necessary that they should be confirmed and sanctioned by the ordinary tests of truth.[12] If any ancient document concerning our public [pg 009] rights were lost, copies which had been as universally received and acted upon as the Four Gospels have been, would have been received in evidence in any of our courts of justice, without the slightest hesitation. The entire text of the Corpus Juris Civilis is received as authority in all the courts of continental Europe, upon much weaker evidence of its genuineness; for the integrity of the Sacred Text has been preserved by the jealousy of opposing sects, beyond any moral possibility of corruption; while that of the Roman Civil Law has been preserved only by tacit consent, without the interest of any opposing school, to watch over and preserve it from alteration.
§ 10. These copies of the Holy Scriptures having thus been in familiar use in the churches, from the time when the text was committed to writing; having been watched with vigilance by so many sects, opposed to each other in doctrine, yet all appealing to these Scriptures for the correctness of their faith; and having in all ages, down to this day, been respected as the authoritative source of all ecclesiastical power and government, and submitted to, and acted under in regard to so many claims of right, on the one hand, and so many obligations of duty, on the other; it is quite erroneous to suppose that the Christian is bound to offer any further proof of their genuineness or authenticity. It is for the objector to show them spurious; for on him, by the plainest rules of law, lies the burden of proof.[13] If it were the case of a claim to a franchise, and a copy of an ancient deed or charter were produced in support of the title, under parallel circumstances on which to presume its genuineness, no lawyer, it is believed, would venture to deny either its admissibility in evidence, or the satisfactory character of the proof. In a recent case in the House of Lords, precisely such a document, being an old manuscript copy, purporting to have been extracted [pg 010] from ancient Journals of the House, which were lost, and to have been made by an officer whose duty it was to prepare lists of the Peers, was held admissible in a claim of peerage.[14]
§ 11. Supposing, therefore, that it is not irrational, nor inconsistent with sound philosophy, to believe that God has made a special and express revelation of his character and will to man, and that the sacred books of our religion are genuine, as we now have them; we proceed to examine and compare the testimony of the Four Evangelists, as witnesses to the life and doctrines of Jesus Christ; in order to determine the degree of credit, to which, by the rules of evidence applied in human tribunals, they are justly entitled. Our attention will naturally be first directed to the witnesses themselves, to see who and what manner of men they were, and we shall take them in the order of their writings; stating the prominent traits only in their lives and characters, as they are handed down to us by credible historians.
§ 12. Matthew, called also Levi, was a Jew of Galilee, but of what city is uncertain. He held the place of publican, or tax-gatherer, under the Roman government, and his office seems to have consisted in collecting the taxes within his district, as well as the duties and customs levied on goods and persons, passing in and out of his district or province, across the lake of Genesareth. While engaged in this business, at the office or usual place of collection, he was required by Jesus to follow him, as one of his disciples; a command which he immediately obeyed. Soon afterwards, he appears to have given a great entertainment to his fellow-publicans and friends, at which Jesus was present; intending probably both to celebrate his own change of profession, and to give them an opportunity to profit by the teaching of his new Master.[15] He was constituted one of the twelve apostles, and constantly attended the person of Jesus as a faithful follower, until the crucifixion; and after the ascension of his Master he preached the gospel for [pg 011] some time, with the other apostles, in Judea, and afterwards in Ethiopia, where he died.
He is generally allowed to have written first, of all the evangelists; but whether in the Hebrew or the Greek language, or in both, the learned are not agreed, nor is it material to our purpose to inquire; the genuineness of our present Greek gospel being sustained by satisfactory evidence.[16] The precise time when he wrote is also uncertain, the several dates given to it among learned men, varying from a.d. 37 to a.d. 64. The earlier date, however, is argued with greater force, from the improbability that the Christians would be left for several years without a general and authentic history of our Saviour's ministry; from the evident allusions which it contains to a state of persecution in the church at the time it was written; from the titles of sanctity ascribed to Jerusalem, and a higher veneration testified for the temple than is found in the other and later evangelists; from the comparative gentleness with which Herod's character and conduct are dealt with, that bad prince probably being still in power; and from the frequent mention of Pilate, as still governor of Judea.[17]
§ 13. That Matthew was himself a native Jew, familiar with the opinions, ceremonies, and customs of his countrymen; that he was conversant with the Sacred Writings, and habituated to their idiom; a man of plain sense, but of little learning, except what he derived from the Scriptures of the Old Testament; that he wrote seriously and from conviction, and had, on most occasions, been present, and attended closely, to the transactions which he relates, and relates, too, without any view of applause to himself; are facts which we may consider established by internal evidence, as strong as the nature of the case will admit. It is deemed equally well proved, both by internal evidence and the aid of history, that he wrote for the use of his countrymen the Jews. Every circumstance is noticed which might conciliate their belief, and every unnecessary expression is avoided which might obstruct it. They looked for the Messiah, [pg 012] of the lineage of David, and born in Bethlehem, in the circumstances of whose life the prophecies should find fulfilment, a matter, in their estimation, of peculiar value; and to all these this evangelist has directed their especial attention.[18]
§ 14. Allusion has been already made to his employment as a collector of taxes and customs; but the subject is too important to be passed over without further notice. The tribute imposed by the Romans upon countries conquered by their arms was enormous. In the time of Pompey, the sums annually exacted from their Asiatic provinces, of which Judea was one, amounted to about four millions and a half sterling, or about twenty-two millions of dollars. These exactions were made in the usual forms of direct and indirect taxation; the rate of the customs on merchandise varying from an eighth to a fortieth part of the value of the commodity; and the tariff including all the principal articles of the commerce of the East, much of which, as is well known, still found its way to Italy through Palestine, as well as by the way of Damascus and of Egypt. The direct taxes consisted of a capitation-tax and a land-tax, assessed upon a valuation or census, periodically taken, under the oath of the individual, with heavy penal sanctions.[19] It is natural to suppose that these taxes were not voluntarily paid, especially since they were imposed by the conqueror upon a conquered people, and by a heathen, too, upon the people of the house of Israel. The increase of taxes has generally been found to multiply discontents, evasions and frauds on the one hand, and, on the other, to increase vigilance, suspicion, close scrutiny, and severity of exaction. The penal code, as revised by Theodosius, will give us some notion of the difficulties in the way of the revenue officers, in the earlier times of which we are speaking. These difficulties must have been increased by the fact that, at this period, a considerable portion of the commerce of [pg 013] that part of the world was carried on by the Greeks, whose ingenuity and want of faith were proverbial. It was to such an employment and under such circumstances, that Matthew was educated; an employment which must have made him acquainted with the Greek language, and extensively conversant with the public affairs and the men of business of his time; thus entitling him to our confidence, as an experienced and intelligent observer of events passing before him. And if the men of that day were, as in truth they appear to have been, as much disposed as those of the present time, to evade the payment of public taxes and duties, and to elude, by all possible means, the vigilance of the revenue officers, Matthew must have been familiar with a great variety of the forms of fraud, imposture, cunning, and deception, and must have become habitually distrustful, scrutinizing, and cautious; and, of course, much less likely to have been deceived in regard to many of the facts in our Lord's ministry, extraordinary as they were, which fell under his observation. This circumstance shows both the sincerity and the wisdom of Jesus, in selecting him for an eye-witness of his conduct, and adds great weight to the value of the testimony of this evangelist.
§ 15. Mark was the son of a pious sister of Barnabas, named Mary, who dwelt at Jerusalem, and at whose home the early Christians often assembled. His Hebrew name was John; the surname of Mark having been adopted, as is supposed, when he left Judea to preach the gospel in foreign countries; a practice not unusual among the Jews of that age, who frequently, upon such occasions, assumed a name more familiar than their own to the people whom they visited. He is supposed to have been converted to the Christian faith by the ministry of Peter. He travelled from Jerusalem to Antioch with Paul and Barnabas, and afterwards accompanied them elsewhere. When they landed at Perga in Pamphylia, he left them and returned to Jerusalem; for which reason, when he afterwards would have gone with them, Paul refused to take him. Upon this, a difference of opinion arose between the two apostles, and they separated, Barnabas taking Mark with him to Cyprus. Subsequently he accompanied Timothy to Rome, at the express desire of Paul. [pg 014] From this city he probably went into Asia, where he found Peter, with whom he returned to Rome, in which city he is supposed to have written and published his Gospel. Such is the outline of his history, as it is furnished by the New Testament.[20] The early historians add, that after this he went into Egypt and planted a church in Alexandria, where he died.[21]
§ 16. It is agreed that Mark wrote his Gospel for the use of Gentile converts; an opinion deriving great force from the explanations introduced into it, which would have been useless to a Jew;[22] and that it was composed for those at Rome, is believed, not only from the numerous Latinisms it contains, but from the unanimous testimony of ancient writers, and from the internal evidence afforded by the Gospel itself.