The Trial of Jesus from a Lawyer's Standpoint, Vol. 1 (of 2) / The Hebrew Trial

by Walter M. Chandler

Then Judas, which had betrayed him, when he saw that he was condemned, repented himself, and brought again the thirty pieces of silver to the chief priests and elders, Saying, I have sinned in that I have betrayed the innocent blood. And they said, What is that to us? see thou to that. And he cast down the pieces of silver in the temple, and departed, and went and hanged himself. And the chief priests took the silver pieces, and said, It is not lawful for to put them into the treasury, because it is the price of blood. And they took counsel, and bought with them the potter's field, to bury strangers in.—Matt. xxvii. 3-8.

(10) That the Messiah should be a man of poverty and of suffering; and should be despised and rejected of men:

Prophecy—He is despised and rejected of men; a man of sorrows, and acquainted with grief: and we hid as it were our faces from him; he was despised, and we esteemed him not.—Isa. liii. 3.

Fulfillment—And Jesus said unto him, Foxes have holes, and birds of the air have nests; but the Son of man hath not where to lay his head.—Luke ix. 58.

And they smote him on the head with a reed, and did spit upon him, and bowing their knees worshipped him. And when they had mocked him, they took off the purple from him, and put his own clothes on him, and led him out to crucify him.—Mark xv. 19, 20.

Through reasonable diligence, witnesses might have been secured to testify to a majority, at least, of the points above enumerated, touching Messianic prophecy and fulfillment. Besides these are many others too numerous to mention in a treatise of this kind.

The question then arises at once: Admitting that all the evidence above suggested, marked "Prophecy" and "Fulfillment," could have been introduced in evidence at the trial before the Sanhedrin; were the judges morally and legally bound to acquit and release Jesus, if they believed this testimony to be true? We answer unhesitatingly, yes; as far as the count in the accusation relating to Messiahship was concerned. But we must remember that the charge against Jesus was not limited to His claims to Messiahship. The indictment against Him was that He claimed to be "the Christ, the Son of God." "Christ" is the English form of the Greek translation of the word meaning "Messiah." The real nature of the charge against the prisoner, then, was that He claimed to be not only the Messiah but also the Son of God. We have seen that "Son of God" conveyed to the Sanhedrin the notion of divine origin and of equality with Jehovah. Even to-day there is no dispute between Jews and Christians in regard to this construction. Jews charge that Jesus made such a claim and Christians agree with them. They are compelled to do so, indeed, or else abjure the fundamental dogma of their faith—the doctrine of the Trinity.

Now we approach the consideration of a phase of the subject where theology and law meet and blend. It has been sought to ridicule the contention that Jesus should have been heard on the charge of being the Son of God, in the sense that He was God Himself, because such a claim was not only ridiculous and frivolous as a plea, but because it was blasphemous upon its face; as being opposed, by bare assertion, to the most fundamental and sacred precept of the Mosaic Code and of the teachings of the Prophets: that God was purely and wholly spiritual; that He was not only incorporeal but invisible, indivisible, and incomprehensible. The advocates of this theory declare that Jesus asserted, in the face of this primary belief of the Hebrews, a plurality of gods of which He was a member, and that this assertion destroyed the very cornerstone of Judaism, founded in the teaching of the celebrated passage: "Hear, O Israel: The Lord our God is one Lord." They further declare that when Jesus presented Himself in the flesh, and declared that He was God, He insulted both the intelligence and religious consciousness of His judges by a complete anthropomorphism; and that when He did this, He was not entitled to be heard.

One of the most radical of this class is Rabbi Wise who, in "The Martyrdom of Jesus," says: "Had Jesus maintained before a Jewish court to be the Son of God, in the trinitarian sense of the terms, viz., that He was part, person, or incarnation of the Deity, He must have said it in terms to be understood to that effect, as ambiguous words amount to nothing. But if even clearly understood, the court could only have found Him insane, but not guilty of any crime." This is strong language, indeed, and deserves serious consideration. It means nothing less than that Jesus, upon His confession of equality and identity with God, should have been committed as a lunatic, and not tried as a criminal. And the real meaning of this too extreme view is that the claims of Jesus, being a man in the flesh, to membership in a plurality of gods was such an outrageous and unheard-of thing that it amounted to insanity; and that an insane person was not one to be listened to, but to be committed and protected. The purpose of the distinguished Hebrew theologian was to show by the absurdity of the thing that Jesus was never tried before a Hebrew court; that He never claimed to be the Son of God, and that the Evangelical narratives are simply false. The same writer thus continues in the same connection: "Mark reports furthermore, that Jesus did not simply affirm the high priest's question but added: 'And ye shall see the Son of Man sitting on the right hand of power, and coming in the clouds of heaven.' Jesus cannot have said these words. Our reasons are: they are not true; none of the judges and witnesses present ever did see him either sitting on the right hand of power or coming in the clouds of heaven. These words could have originated only after the death of Jesus, when the Jewish Christians expected his immediate return as the Messiah and restorer of the kingdom of heaven, so that those very men could see him coming in the clouds of heaven. Besides, Jesus, the Pharisean Jew, could not have entertained the anthropomorphism that God had a right hand."[326] It is only necessary to add that Rabbi Wise may be right, if the Gospel writers were untruthful men. Suffice it to say that we have said enough in support of the veracity of the Evangelists in Part I of this volume. If we are right that they were truthful historians when they published these biographies to the world, Rabbi Wise is wrong; for according to these writers the Sanhedrin did not take the view that Jesus was a crazy man, but that He was a criminal. They accordingly tried Him to the extent of bringing an accusation against Him and of supporting it with a certain kind and amount of testimony, and by then leading Him away to be crucified by the Romans. Our contention is that the trial was not complete, in that His judges did not consider the merits of the defense of Jesus in the proceedings which they conducted against Him.

It would be entirely consistent with the plan of this treatise and of the special treatment of this theme to ignore completely the question of the divinity of Jesus; since we have announced a legal and not a theological consideration of the subject. But we repeat that the theological and the legal are inseparably interwoven in a proper handling of Point XII. If Rabbi Wise and others are right that the anthropomorphic pretensions of Jesus robbed Him of the protection of the law, in the sense that His claims to be God in the flesh were not worthy of consideration by a Hebrew court, then we are wrong in making the point that the merits of His defense should have been considered.