Our decision as to a second and distinct session of the Sanhedrin will mainly depend upon the place we give to the account in Luke xxii. 66-71. Is this examination of Jesus identical with that first session of Matthew xxvi. 57-68, and of Mark xiv. 53-65? Against this identity are some strong objections: First, The mention of time by Luke: "As soon as it was day." This corresponds well to the time of the morning session of Matthew and Mark, but not to the time when Jesus was first led before the Sanhedrin, which must have been two or three hours before day. Second, The place of the meeting: "They led Him into their council," ἀνήγαγον αὐτὸν εἰϛ τὸ συνέδριον ἑαυτῶν. This is rendered by some: "They led Him up into their council chamber," or the place where they usually held their sessions. Whether this council chamber was the room Gazith at the east corner of the court of the temple, is not certain. Lightfoot (on Matthew xxvi. 3) conjectures that the Sanhedrin was driven from this its accustomed seat half a year or thereabout before the death of Christ. But if this were so, still the "Tabernæ," where it established its sessions, were shops near the gate Shusan, and so connected with the temple. They went up to that room where they usually met. Third, The dissimilarity of the proceedings, as stated by Luke, which shows that this was no formal trial. There is here no mention of witnesses—no charges brought to be proved against Him. He is simply asked to tell them if He is the Christ ("If thou art the Christ, tell us," R. V.); and this seems plainly to point to the result of the former session. Then, having confessed Himself to be the Christ, the Son of God, He was condemned to death for blasphemy. It was only necessary now that He repeat His confession, and hence this question is put directly to Him: "Art thou the Christ? tell us." His reply, "If I tell you, ye will not believe; and if I also ask you, ye will not answer me, nor let me go," points backward to his former confession. To His reply they only answer by asking, "Art thou then the Son of God?" The renewed avowal that He is the Son of God, heard by them all from His own lips, opens the way for His immediate delivery into Pilate's hands. Fourth, The position which Luke gives (xxii. 63-65) to the insults and abuse heaped upon Jesus. There can be no doubt that they are the same mentioned by Matthew and Mark as occurring immediately after the sentence had been first pronounced.
From all this it is a probable, though not a certain conclusion, that Luke (xxii. 66-71) refers to the same meeting of the Sanhedrin mentioned by Matthew (xxvii. 1) and Mark (xv. 1), and relates, in part, what then took place. (Alford thinks that Luke has confused things and relates as happening at the second session what really happened at the first.) This meeting was, then, a morning session convened to ratify formally what had been done before with haste and informality. The circumstances under which its members had been earlier convened, at the palace of Caiaphas, sufficiently show that the legal forms, which they were so scrupulous in observing, had not been complied with.[346]
If then the second session of the Sanhedrin was in the nature of a regular trial, what were the facts of the proceedings? St. Luke says: "And as soon as it was day, the elders of the people and the chief priests and the scribes came together, and led him into their council, saying, Art thou the Christ? tell us. And he said unto them, If I tell you, ye will not believe: And if I also ask you, ye will not answer me, nor let me go. Hereafter shall the Son of man sit on the right hand of the power of God. Then said they all, Art thou then the Son of God? And he said unto them, Ye say that I am. And they said, What need we any further witness? for we ourselves have heard of his own mouth."[347]
The reader will readily perceive the source of the difficulty which we have just discussed. This report of St. Luke points both ways, toward both the night and morning sessions. "And as soon as it was day" clearly indicates a daybreak meeting, but the remainder of the account bears a most striking resemblance to the reports of the night trial given by St. Matthew and St. Mark. This seeming discrepancy is very easily reconciled, however, when we reflect that the second trial required by Hebrew law to be held in every case where a verdict of guilt had been pronounced, was virtually a repetition of the first trial. Benny tells us that the second trial was a critical examination of the trial of the first day, in which the questions and answers originally asked and made were carefully reviewed and reëxamined.[348] Is it very strange, then, that at the morning trial described by St. Luke substantially the same questions are asked and answers given as are found in the reports of the night trial by St. Matthew and St. Mark?
We may now ask: What was the purpose of this second trial? Why did not the first trial suffice? According to the most reliable authorities, the answer to this question is to be found in that provision of the Hebrew law which required two trials instead of one, in every case where the prisoner had been found guilty at the first trial. Not only were there to be two trials, but they were to be held on different days. The morning session of the Sanhedrin was intended, therefore, to give a semblance of legality and regularity to this requirement of Hebrew law. But we shall see how completely the Sanhedrin failed in this design. "What legitimacy," says Keim, "might be lacking in the proceedings of the nocturnal sitting of the Sanhedrin, was to be completely made up by the morning sitting, without prejudice to the authority and the—in the main point—decisive action of the former.... There nevertheless was no lack of illegality. The most striking instance of this was the fact that though they wished to bring about an extension of the procedure over two days they had in fact only two sittings, and not two separate days. But contempt of the legal ordinances was much more seriously shown by the absence of any investigation into the circumstances of the case at the second sitting, although both law and tradition demanded such an investigation."[349]
If "both law and tradition demanded such an investigation," that is, if the second trial of the case on the second day of the proceedings was required to be formal and in the nature of an action de novo; if the second trial was required by law to be characterized by all the formality, solemnity, and legality of the first trial; what errors, we may ask, are disclosed by the reports of St. Luke, St. Matthew, and St. Mark in the proceedings against Jesus conducted by the Sanhedrin at the morning session? To be brief, reply may be made that the irregularities were virtually the same as those that occurred at the night trial. The same precipitancy that was forbidden by Hebrew law is apparent. This haste prevented, of course, that careful deliberation and painstaking investigation of the case which the Mosaic Code as well as the rules of the Mishna imperatively demanded. It is true that the second trial was not conducted at night. But the Passover Feast was still in progress, and no court could legally sit at such a time. The Sanhedrin at the second session seems to have been still sitting in the palace of Caiaphas instead of the Hall of Hewn Stones, the legal meeting place of the court. This we learn from a passage in St. John.[350] Again, no witnesses seem to have been summoned, and the accused was convicted upon his uncorroborated confession.
And finally, the verdict at the second trial, as was the case in that of the first, seems to have been unanimous, and therefore illegal. This unanimity is indicated by the combined reports of St. Matthew, St. Mark, and St. Luke. St. Matthew says: "When the morning was come, all the chief priests and elders of the people took counsel against Jesus to put Him to death." St. Mark says: "And straightway in the morning, the chief priests held a consultation with the elders and scribes and the whole council, and bound Jesus, and carried him away, and delivered him to Pilate." These accounts of the first two Evangelists very clearly state that the full Sanhedrin was present at the morning trial. Then St. Luke very explicitly explains the nature and manner of the verdict: "Then said they all, Art thou then the Son of God? And he said unto them, Ye say that I am. And they said, What need we any further witness? for we ourselves have heard of his own mouth."
It may be objected that no formal verdict was pronounced at the second trial. Such a verdict would have been expressed in these words: "Thou, Jesus, art guilty."[351] While such words are not expressly reported by the Evangelists, the account of St. Luke taken in connection with the report of St. Mark of the night trial, which the morning session was intended to confirm, clearly indicates that such a verdict must have been pronounced. A reasonable inference from the whole context of the synoptic writers in describing both trials certainly justifies such a conclusion.
The question again arises: If the full Sanhedrin was present at the morning session and if all the members condemned Jesus, either with or without a formal verdict, is it not true that both Nicodemus and Joseph of Arimathea, who were doubtless members of the court, were arrayed against the Christ? If they were hostile in their attitude toward Him, either openly or by acquiescence at the morning session, does this fact not help to support the contention made under Point IX that they voted against Him at the night trial? We are well aware that there is much opposition to this view, but we are, nevertheless, compelled to agree rather reluctantly with Keim that "it is a pure supposition that members of the council who were secret friends of Jesus—whose existence, moreover, cannot be established—either raised an opposition in one of the sessions, or abstained from voting, or were not present."[352] The plain language of the Scriptures indicates: (1) That both Nicodemus[353] and Joseph of Arimathea[354] were members of the Great Sanhedrin; (2) that they were both present at both trials;[355] and (3) that they both either voted against Him or tacitly acquiesced in the judgments pronounced against Him.[356] We have already discussed under Point IX the passage in Luke xxiii. 51 referring to the fact that Joseph of Arimathea "had not consented to the counsel and deed of them," which seems to furnish refutation of the contention which we have made, as far as such contention relates to Joseph of Arimathea. Suffice it to note the opinion of Keim that "the passage in itself can be held to refer to absence or to dissent in voting."[357]
"And the whole multitude of them arose, and led him unto Pilate."