We have said enough to emphasize the point that there was another kind of blasphemy known to the Jews of the days of Jesus than that prescribed in Leviticus; and that the confession of being "Christ, the Son of God," as the Jews and Caiaphas interpreted the term, brought Jesus within the meaning of blasphemy, in its wider signification—that of assuming equality with God. The numerous illustrations above furnished were given to provide means of clear interpretation of the term blasphemy, as used in the condemnatory sentence of the high priest. For it is clearly evident that he and the other judges must have had many charges against Jesus in mind other than those that appear in the record of the trial. But we repeat, these extra-judicial charges must be considered only for purposes of correct interpretation and as a means of throwing light upon the actual proceedings in the night trial before the Sanhedrin. We further repeat that the New Testament furnishes abundant evidence that Jesus the man, the Jewish citizen, had, at divers times and places, committed blasphemy against Jehovah, under a strict interpretation of the law of God.

Mr. Simon Greenleaf, the great Christian writer on the Law of Evidence and the Harmony of the Gospels, has thus tersely and admirably summarized the matter from the lawyer's point of view: "If we regard Jesus simply as a Jewish citizen, and with no higher character, this conviction seems substantially right in point of law, though the trial were not legal in all its forms. For, whether the accusation were founded on the first or the second command in the Decalogue, or on the law laid down in the thirteenth chapter of Deuteronomy, or on that in the eighteenth chapter and the twentieth verse, he had violated them all by assuming to himself powers belonging alone to Jehovah. It is not easy to perceive on what ground his conduct could have been defended before any tribunal, unless upon that of his superhuman character. No lawyer, it is conceived, would think of placing his defense upon any other basis."[223]

But, at this point, the reader would do well to discriminate very carefully between certain matters touching the most vital features of the controversy. Certain well-defined distinctions must be observed, else an erroneous conclusion will inevitably follow.

In the first place, proper limitations must be applied to the person and character of Jesus before it can be truthfully said that His conviction by the Sanhedrin was "substantially right in point of law." It must be remembered that, in this connection, Jesus is regarded merely as a man, "a Jewish citizen," to use Greenleaf's phrase. His divine character, as the only-begotten Son of God, as the Second Person of the Trinity, as the Savior of the human race, is not considered. But the reader may object, and with reason, that this is begging the question; and is therefore an inexcusable evasion; since the real issue before the Sanhedrin was this: Is Jesus God? And to strike the Godhead of Jesus from the discussion is to destroy the real issue, and to place the judgment of the Sanhedrin upon an irrelevant and immaterial basis. There is much truth in this contention, since it is clearly evident that if Jesus was actually God, "manifest in the flesh," He was not guilty; if He was not God, He was guilty.

Fortunately for the purposes of this treatise, the legality or the illegality of the proceedings in the trial of Christ is not so much related to the question of substance as to that of form. Whether Jesus were God or not is a question involving His divinity, and is a problem peculiarly within the domain of the theologian. Whether legal rules were duly observed in the trial of Christ, were He man or God, is a question involving His civil rights, and belongs to the domain of the lawyer. Unless this distinction be recognized and held in mind, the treatment of this theme from a legal standpoint has no justification. This contention is all the more certainly true, since proof of the divinity of Jesus, a spiritual problem, would rest more upon the basis of religious consciousness and experience, than upon historical facts and logical inferences.

The author of these volumes believes that Jesus was divine, and that if He was not divine, Divinity has not touched this globe. The writer bases his conviction of this fact upon the perfect purity, beauty, and sinlessness of Jesus; upon the overwhelming historical evidence of His resurrection from the dead, which event "may unhesitatingly be pronounced that best established in history";[224] as well as upon the evident impress of a divine hand upon genuine Christian civilization in every age.

But the historic proofs of the divinity of Christ that have come down to us through twenty centuries were not before the Sanhedrin. A charitable Christian criticism will be slow in passing unmerciful judgment upon the members of that court for denying the claims of Jesus to identify with God, when His own disciples evidently failed to recognize them. The incidents of the Last Supper clearly prove that those who had been intimately associated with Him during three eventful years did not, at the close of His ministry, fully comprehend His character and appreciate His message and His mission.[225] Were comparative strangers to Him and His teachings expected to be more keenly discerning? After John had baptized Jesus in the Jordan and the Spirit of God, in the form of a dove, had descended upon Him, the Baptist seems to have had some doubts of the Messiahship of Christ and sent an embassy to Him to ask, "Art thou he that should come, or do we look for another?"[226] If the Forerunner of the Messiah did not know, are we justified in demanding perfect prescience and absolute infallibility of Caiaphas?

The most perfect proof of the divinity of Jesus is the fact of His resurrection from the dead, attested by Matthew, Mark, Luke, John, Peter, James, and Paul. And yet, although He had frequently foretold to them that He would rise again, Jesus had to personally appear before them and submit to physical tests before they would believe that His prophecies had been fulfilled.[227] And it must be remembered that the great proof of His divinity, His resurrection from the dead, was not before Caiaphas and his colleagues at the time of the trial.

The preceding suggestions and observations have not been made in order to excuse or palliate the conduct of the members of the Sanhedrin for their illegal conduct of the proceedings against Jesus. Under Point XI of the Brief we shall prove by Jewish testimony alone the utterly wicked and worthless character of these judges. Under Point XII we shall elaborate the proofs in favor of the Messiahship of Jesus and of His divine Sonship of the Father, as far as the scope of this work will permit. We have suggested above the perplexity of the members of the Sanhedrin and of the disciples of Jesus, concerning the divinity of the Nazarene, to illustrate to the reader how futile would be the task of attempting in a treatise of this kind to settle the question of the identity of Jesus with God, and thereby fix upon His judges in the palace of Caiaphas the odium of an unrighteous judgment. The question, after all, is one to be settled in the forum of conscience, illuminated by the light of history, and not at the bar of legal justice.

But whether Jesus were man or God, or man-God, we are justified in passing upon the question of the violation of forms of law which He was entitled to have observed in the trial of His claims. And at this point we return to a consideration of the phrase, "substantially right in point of law." This language is not intended to convey the notion that Jesus was legally convicted. It means simply that the claim of equality with God by a plain Jewish citizen was, under Hebrew law, blasphemy; the crime which Caiaphas and the Sanhedrin believed that Jesus had confessed, and for which they condemned Him.