Produced by Jeff G., Eleni Christofaki and the Online Distributed Proofreading Team at http://www.pgdp.net Transcriber's notes Variable spelling has been retained. Minor punctuation inconsistencies have been silently corrected. A list of other corrections can be found at the end of the book. Footnotes were sequentially numbered and placed at the end of the text. In the original, the "The Gospel Narratives" are printed side by side across the page spread. In this e-book version they are presented individually. The Index was copied from Volume II. Mark up: _italics_ THE TRIAL OF JESUS [Illustration: JESUS BOUND (MUNKACSY)] THE TRIAL OF JESUS FROM A LAWYER'S STANDPOINT BY WALTER M. CHANDLER OF THE NEW YORK BAR VOLUME I THE HEBREW TRIAL THE EMPIRE PUBLISHING CO. 60 WALL STREET, NEW YORK CITY 1908 Copyright, 1908, by WALTER M. CHANDLER _All rights reserved_ TO MY MOTHER WITH SENTIMENTS OF LOVE AND VENERATION WHICH NO WORDS CAN EXPRESS LIST OF ILLUSTRATIONS FACING PAGE JESUS BOUND (Munkacsy) _Frontispiece_ ST. MATTHEW (Rembrandt) 2 ST. MARK AND ST. PAUL (Dürer) 28 ST. JOHN AND ST. PETER (Dürer) 52 MOSES AND THE LAW (Michael Angelo) 72 THE LAST SUPPER (da Vinci) 174 JESUS IN GETHSEMANE (Hoffman) 240 THE BETRAYING KISS (Scheffer) 282 THE ARREST OF JESUS (Hoffman) 284 CONTENTS OF VOLUME ONE PAGE PREFACE TO VOLUME ONE xiii THE GOSPEL NARRATIVES xxx PART I _THE RECORD OF FACT_ AUTHENTICITY OF THE NEW TESTAMENT NARRATIVES, JUDICIALLY CONSIDERED 3 CREDIBILITY OF THE GOSPEL WRITERS, LEGALLY TESTED 9 PART II _HEBREW CRIMINAL LAW_ CHAPTER I. THE MOSAIC CODE AND THE TALMUD 73 II. HEBREW CRIMES AND PUNISHMENTS 91 III. HEBREW COURTS AND JUDGES 102 IV. HEBREW WITNESSES AND EVIDENCE 127 V. MODE OF TRIAL AND EXECUTION IN HEBREW CAPITAL CASES 153 PART III _THE BRIEF_ WHETHER OR NOT THE GREAT SANHEDRIN EXISTED AT THE TIME OF CHRIST 175 CONCERNING THE JURISDICTION OF THE GREAT SANHEDRIN, WITH REFERENCE TO ROMAN AUTHORITY, TO TRY CAPITAL OFFENSES AT THE DATE OF THE CRUCIFIXION 181 CONCERNING THE JURISDICTION OF THE GREAT SANHEDRIN, UNDER HEBREW LAW, TO TRY THE PARTICULAR OFFENSE WITH WHICH JESUS WAS CHARGED 183 WHETHER OR NOT THERE WAS A REGULAR LEGAL TRIAL OF JESUS BEFORE THE GREAT SANHEDRIN 183 WHETHER OR NOT THE RULES OF CRIMINAL PROCEDURE PRESCRIBED IN THE MISHNA WERE IN EXISTENCE AND ACTIVELY IN FORCE IN JUDEA AT THE TIME OF THE TRIAL OF JESUS 186 THE NATURE OF THE CHARGE BROUGHT AGAINST JESUS AT THE TRIAL BEFORE THE GREAT SANHEDRIN; AND HIS GUILT OR INNOCENCE WITH REFERENCE THERETO 187 POINT I: CONCERNING THE LEGALITY OF THE ARREST OF JESUS IN GETHSEMANE 219 POINT II: CONCERNING THE LEGALITY OF THE PRIVATE EXAMINATION OF JESUS BY ANNAS (OR CAIAPHAS) BEFORE THE BEGINNING OF THE REGULAR TRIAL 238 POINT III: CONCERNING THE LEGALITY OF THE INDICTMENT AGAINST JESUS 248 POINT IV: CONCERNING THE LEGALITY OF TRYING JESUS AT NIGHT 255 POINT V: CONCERNING THE LEGALITY OF TRYING JESUS BEFORE THE MORNING SACRIFICE HAD BEEN OFFERED 260 POINT VI: CONCERNING THE LEGALITY OF TRYING JESUS ON THE EVE OF A JEWISH SABBATH AND AT THE BEGINNING OF THE CELEBRATION OF THE PASSOVER FEAST 263 POINT VII: CONCERNING THE LEGALITY OF CONCLUDING THE TRIAL OF JESUS WITHIN ONE DAY 267 POINT VIII: CONCERNING THE LEGALITY OF CONVICTING JESUS UPON HIS UNCORROBORATED CONFESSION 271 POINT IX: CONCERNING THE LEGALITY OF A UNANIMOUS VERDICT AGAINST JESUS 279 POINT X: CONCERNING CERTAIN IRREGULARITIES OF FORM IN TRYING AND CONDEMNING JESUS 287 POINT XI: CONCERNING THE LEGAL DISQUALIFICATIONS OF MEMBERS OF THE GREAT SANHEDRIN, TO TRY JESUS 295 POINT XII: CONCERNING THE LEGALITY OF THE REFUSAL OF THE GREAT SANHEDRIN TO CONSIDER THE MERITS OF THE DEFENSE OF JESUS 309 PREFACE TO VOLUME ONE Many remarkable trials have characterized the judicial history of mankind. The trial of Socrates before the dicastery of Athens, charged with corrupting Athenian youth, with blaspheming the Olympic gods, and with seeking to destroy the constitution of the Attic Republic, is still a sublime and thrilling chapter in the history of a wonderful people, among the ruins and wrecks of whose genius the modern world still wanders to contemplate, admire, and study the pride of every master and the perfection of every model. The trial and execution of Charles the First of England sealed with royal blood a new covenant of British freedom, and erected upon the highway of national progress an enduring landmark to civil liberty. The entire civilized world stood aghast at the solemn and awful spectacle of the deliberate beheading of a king. And yet, to-day, the sober, serious judgment of mankind stamps the act with approval, and deems it a legitimate and righteous step in the heroic march of a brave and splendid people toward a complete realization of the inalienable rights of man. The philosopher of history declares these condemnatory and executory proceedings against a Stuart king worthy of all the epoch making movements that have glorified the centuries of English constitutional growth, and have given to mankind the imperishable parchments of Magna Charta, the Bill of Rights, the Petition of Rights, and Habeas Corpus. The trial of Warren Hastings in the hall of William Rufus has been immortalized by Lord Macaulay. This trial is a virtual reproduction in English history of the ancient Roman trial of Verres. England is substituted for Rome; Sicily becomes India; Hastings takes the place of Verres; and Burke is the orator instead of Cicero. The indictments are identical: Maladministration in the government of a province. In the impeachment of Hastings, England served notice upon her colonial governors and made proclamation to the world that English conquest was not intended to despoil and enslave, but was designed to carry to the inhabitants of distant lands her language, her literature, and her laws. This message to humanity was framed but not inspired by England. It was prompted by the success of the American Revolution, in which Washington and his Continentals had established the immortal principle, that the consent of the governed is the true source of all just powers of government. The trial of Aaron Burr, omitting Arnold's treason, is the blackest chapter in the annals of our republic. Burr was the most extraordinary man of the first half century of American national history. His powerful and fascinating personality conquered men and enslaved women. He was the finest scholar of the Revolution excepting Thomas Jefferson. He was the greatest orator of the Revolution excepting Patrick Henry. His farewell address to the United States Senate caused his inveterate enemies to weep. His arraignment at the bar of public justice on the charge of high treason--that he had sought to destroy the Country of Washington, the Republic of Jefferson, which is to-day the Union of Lincoln--was the sad and melancholy close of a long and lofty life. The trial of Alfred Dreyfus is still fresh in the minds and memories of men. Troubled political seas still surge and roll in France because of the hatred, prejudice, and passion that envelope the mysterious _bordereau_. The French Republic is still rent by two contending factions: Dreyfus and anti-Dreyfus. His friends still say that Dreyfus was a Prometheus who was chained to an ocean-girt rock while the vulture of exile preyed upon his heart. His enemies still assert that he was a Judas who betrayed not God or Christ, but France and the Fatherland. His banishment to the Island of the Devil; his wife's deathless devotion; the implacable hatred of his enemies; the undying loyalty of friends; and his own sufferings and woes are the warp and woof of the most splendid and pathetic epoch of a century. Other trials--of Mary Stuart, the beautiful and brilliant Scottish queen; of Robert Emmet, the grand and gifted Irish patriot martyr--thrilled the world in their day. But these trials, one and all, were tame and commonplace, compared with the trial and crucifixion of the Galilean peasant, Jesus of Nazareth. These were earthly trials, on earthly issues, before earthly courts. The trial of the Nazarene was before the high tribunals of both Heaven and earth; before the Great Sanhedrin, whose judges were the master-spirits of a divinely commissioned race; before the court of the Roman Empire that controlled the legal and political rights of men throughout the known world, from Scotland to Judea and from Dacia to Abyssinia. The trial of Jesus was twofold: Hebrew and Roman; or Ecclesiastical and Civil. The Hebrew trial took place before the Great Sanhedrin, consisting of seventy-one members. The Roman trial was held before Pontius Pilate, Roman governor of Judea, and afterwards before Herod, Tetrarch of Galilee. These trials all made one, were links in a chain, and took place within a space of time variously estimated from ten to twenty hours. The general order of events may be thus briefly described: (1) About eleven o'clock on the evening of April 6th, A.D. 30, Jesus and eleven of the Apostles left the scene of the Last Supper, which had been celebrated (probably in the home of Mark) on the outskirts of Jerusalem, to go to the Garden of Gethsemane. (2) Jesus was arrested about midnight in Gethsemane by a band of Temple officers and Roman soldiers guided by Judas. (3) He was first taken to Annas, and was afterwards sent by Annas to Caiaphas. A private preliminary examination of Jesus was then had before one of these church dignitaries. St. John describes this examination, but does not tell us clearly whether it was Annas or Caiaphas who conducted it. (4) After His preliminary examination, Jesus was arraigned about two o'clock in the morning before the Sanhedrin, which had convened in the palace of Caiaphas, and was formally tried and condemned to death on the charge of blasphemy against Jehovah. (5) After a temporary adjournment of the first session, the Sanhedrin reassembled at the break of day to retry Jesus, and to determine how He should be brought before Pilate. (6) In the early morning of April 7th, Jesus was led before Pontius Pilate, who was then stopping in the palace of Herod on the hill of Zion, his customary residence when he came up from Cæsarea to Jerusalem to attend the Jewish national festivals. A brief trial of Jesus by Pilate, on the charge of high treason against Cæsar, was then had in front of and within the palace of Herod. The result was an acquittal of the prisoner by the Roman procurator, who expressed his verdict in these words: "I find in him no fault at all." (7) Instead of releasing Jesus after having found Him not guilty, Pilate, being intimidated by the rabble, sent the prisoner away to Herod, Tetrarch of Galilee, who was then in attendance upon the Passover Feast, and was at that moment residing in the ancient palace of the Asmoneans in the immediate neighborhood of the residence of Pilate. A brief, informal hearing was had before Herod, who, having mocked and brutalized the prisoner, sent Him back to the Roman governor. (8) After the return of Jesus from the Court of Herod, Pilate assembled the priests and elders, announced to them that Herod had found no fault with the prisoner in their midst, reminded them that he himself had acquitted Him, and offered to scourge and then release Him. This compromise and subterfuge were scornfully rejected by the Jews who had demanded the crucifixion of Jesus. Pilate, after much vacillation, finally yielded to the demands of the mob and ordered the prisoner to be crucified. From this brief outline of the proceedings against Jesus, the reader will readily perceive that there were two distinct trials: a Hebrew and a Roman. He will notice further that each trial was marked by three distinct features or appearances. The Hebrew trial was characterized by: (1) The appearance before Annas. (2) The trial at the night session of the Sanhedrin. (3) The examination at the morning sitting of the same court. The Roman trial was marked by: (1) The appearance of Jesus before Pilate. (2) His arraignment before Herod. (3) His reappearance before Pilate. The first volume of this work has been devoted to the Hebrew trial of Jesus, and a distinctively Hebrew impress has been given to all its pages. The second volume has been devoted to the Roman trial, and a distinctively Roman impress has been given it. Each exhibits a distinct view of the subject. Taken together, they comprehend the most important and famous judicial transaction in history. It is not the purpose of the author of these volumes to usurp the functions or the privileges of the ecclesiastic. To priests and preachers have been left the discussion and solution of theological problems: the divinity of Jesus, the immortality of the soul and kindred religious dogmas. "The Trial of Jesus from a _Lawyer's_ Standpoint" is the expanded title of this work. A strict adherence to a secular discussion of the theme proclaimed has been studiously observed in the preparation of these pages. The legal rights of the _man_ Jesus at the bar of _human_ justice under Jewish and Roman laws have marked the limitations of the argument. Any digression from this plan has been temporary and necessary. A thorough understanding of any case, judicially considered, involves a complete analysis of the cardinal legal elements of the case: the element called Fact and the element called Law. Whether in ancient or modern times, in a Jewish or Gentile court, of civil or criminal jurisdiction, these elements have always entered into the legal conception of a case. Whether the advocate is preparing a pleading at his desk, is summing up before the jury, or addressing himself to the court, these elements are working forever in his brain. He is constantly asking himself these questions: What are the facts of this case? What is the law applicable to the facts? Do the facts and law meet and harmonize judicially? Do they blend in legal unison according to the latest decision of the court of last resort? If so, a case is made; otherwise, not. Now many sermons might be differently preached; many books might be differently written. But an intelligent discussion of the trial and crucifixion of Jesus from a lawyer's point of view must be had upon the basis of an analytical review of the agreement or nonagreement of law and fact in the case sought to be made against the Christ. The first question that naturally suggests itself to the inquiring mind, in investigating this theme, is this: Upon what facts was the complaint against Jesus based? A second question then logically follows: What were the rules and regulations of Hebrew and Roman law directly applicable to those facts in the trials of Jesus before the Sanhedrin and before Pilate? It is respectfully submitted that no clear and comprehensive treatment of the subject can be had without proper answers to these questions. Having learned the facts of any case, and having determined what rules of law are applicable to them in regard to the controversy in hand, a third step in the proceedings, in all matters of review on appeal, is this: To analyze the record from the viewpoint of the juristic agreement or nonagreement of law and fact; and to determine by a process of judicial dissection and reformation the presence or absence of essential legal elements in the proceedings, with a view to affirmance in case of absence, or reversal of the verdict in the event of the discovery of the presence of error. In obedience to this natural intellectual tendency and to the usual mode of legal procedure in reviewing and revising matters on appeal, the contents of Volume I have been divided into three parts, corresponding, in a general way, to the successive steps heretofore mentioned. In Part I, the Record of Fact in the trial of Jesus has been authenticated; not, indeed, according to the strict provisions of modern statutes which regulate the authentication of legal documents, but in the popular sense of the word "authentication." Nevertheless, the authenticity of the Gospel narratives, which form the record of fact in the trial of Jesus, and the credibility of the Evangelists who wrote and published these narratives, have been subjected to the rigorous tests of rules of evidence laid down by Greenleaf and by Starkie. Such an authentication has been deemed necessary in a treatise of this kind. Two main methods may be employed in investigating and proving the alleged occurrences of Sacred History: (1) The method which is based upon the evidence of spiritual consciousness and experience, derived from religious conversion and from communion with God; (2) the method that rests upon the application of historic facts and legal rules to the testimony of those who have asserted the existence of such occurrences. It has been contended by many that the first of these methods is the supreme test, and the only proper one, in solving religious problems and in reaching full and final assurance of the existence of spiritual truths. It is confidently asserted by such persons that the true Christian who has accepted Jesus as his personal Redeemer and has thereby found peace with God, needs no assurance from Matthew that the Christ was the Heaven-begotten and Virgin-born. Such a Christian, it is said, has positive proof from within that Jesus was divine. It is further contended that all forms of religious truth are susceptible of the same kind of proof. It is argued that from despairing hope, born of the longing and the tears of a mother who, grief-stricken and broken-hearted, kneels in prayer beside the coffin of her firstborn, springs stronger evidence of a future life and of an everlasting reunion with loved ones, than comes from all the assurances of immortality handed down by saints and sages. The advocates of this theory contend that the fact of the Resurrection of Jesus should be proved mainly by the method of spiritual consciousness and experience, and only incidentally by the historical testimony of the sacred writers. They boldly maintain that the Resurrection was a spiritual fact born of a spiritual truth; and that within the soul of each true believer is the image of the risen Jesus, reflected from Heaven in as perfect form as that seen by Paul while journeying to Damascus. It would be decidedly ungenerous and unjust to deny the force of the contention that spiritual consciousness and religious experience are convincing forms of proof. To do so would be to offer gratuitous insult to the intelligence and sincerity of millions of consecrated men and women who have repeatedly proclaimed and are still proclaiming that the Spirit of God and Christ within them attests the reality of religion. But on the other hand the doctrine of religions consciousness, as a mode of proof, certainly has its limitations. Spiritual proofs are obviously the very best means of establishing purely spiritual truths. But not many truths of religion are purely spiritual. The most of them are encased within historic facts which may themselves be separately considered as historic truths. In a sense, all spiritual truth is born of historic truth; that is, historic truths, in the order of our acquisition of a knowledge of them, antedate and create spiritual truths. The religious consciousness of the Resurrection of Jesus would never have been born in our hearts if we had never read the historical records of the physical Resurrection. Nor could we have ever had a religious experience of the divinity of Jesus if we had never read the historical accounts of His miracles, of His Virgin birth, His fulfillment of prophecy, and His Resurrection from the dead, unless Jesus had personally communicated to us evidences of His divinity. These separate and historic facts, of which spiritual truths are born, cannot be proved by religious consciousness and experience. The distinctions herein suggested are very aptly and beautifully expressed by Professor Inge in his Bampton Lectures on Christian Mysticism, in which he says: "The inner light can only testify to spiritual truths. It always speaks in the present tense; it cannot guarantee any historical event, past or future. It cannot guarantee either the Gospel history or a future judgment. It can tell us that Christ is risen, and He is alive for evermore, but not that He rose again the third day." From the foregoing, then, it is clear that in dealing with the historical facts and circumstances of the trial and crucifixion of Jesus, we cannot remotely employ the method of proof which is based upon religious consciousness and experience, since these events are matters of the past and not of the present. We have been compelled, therefore, to resort to the legal and historical method of proof; since we could not assume the correctness of the record, as such an assumption would have been lacking in legal requirement and judicial fitness. It has also been thought not to be within the scope of this treatise, or consistent with the purpose of the author of these volumes, to enter into a discussion of the question of inspiration in the matter of the origin of the New Testament Gospels, as the record of fact in the trial of Jesus. As secular historians, rather than as inspired writers, must the Evangelists be regarded in this connection; since the title of this work suggests and demands a strictly legal treatment of the theme proclaimed. The author would respectfully suggest, however, that the day is past for complete reliance upon the theory of inspiration and a total rejection of all analysis and investigation. That the Scriptures are sacred and inspired, and neither need nor permit questions involving doubt and speculation as to origin and authenticity will no longer meet the challenge or dissipate the fears of the intellectual leaders of the human race. The Christianity of the future must be a religion of reason as well as of faith, else it cannot and will not endure the shocks of time, or survive the onward march of the soul. If the teachings of the Nazarene are a faithful portrayal and a truthful expression of all the verities of Heaven and earth, then Christianity has nothing to fear from the discoveries of Science, from Roman catacombs, Arabian hieroglyphics, the sands of Egypt, or the ruins of Nineveh and Babylon. Science is the High Priestess of Nature and Nature's oracles, and no single revelation of Science can disprove or contradict the simplest truth of Nature's God. If, on the other hand, Christianity be fundamentally and essentially false, ignorance and bigotry will not preserve and perpetuate it; all the prayers of the faithful, all the martyrdom of the centuries, will not suffice to save it from death and annihilation. But the Christian need have no fear of the results of scientific investigation or historic revelation. Assyriology, archæology, and paleontology, interpreted and applied by the finest scholarship and the most superb intellects of earth, have spent all their stupendous and concentrated forces in the direction of the discovery of natural and historic facts that would confirm or destroy the Christian theory of things. And yet not one natural or historic fact has been discovered that seriously disturbs the testimony of the Evangelists or impairs the evidence of Christianity. A few unlettered fisherman, casting nets for a livelihood in the waters of Gennesaret, framed a message to humanity based upon the life and martyrdom of a Galilean peasant, their spiritual Lord and Master, and proclaimed it to the world; and all the succeeding centuries of scientific research and skeptical criticism have not shaken mankind's confidence in its truthfulness and its potency. If eighteen hundred years of scientific investigation have resulted only in proof and vindication of the historic asseverations of the Sacred Scriptures, and further investigation gives promise of still further proof and vindication, tending to remove all doubts and destroy all fears, nothing but rank stupidity and crass ignorance will place obstacles in the way of ultimate analysis and complete revelation. In Part II of this volume, following the plan heretofore suggested, the element of Law has been considered. Hebrew criminal jurisprudence, based upon the Mosaic Code and upon the Talmud, has been outlined and discussed. A more exhaustive treatment has been given than the subject would seem to justify, but the writer is convinced that the Criminal Code of the Jews must be of surpassing interest to the general reader, regardless of whether certain peculiar rules therein contained have reference to the trial of Jesus or not. The bulk of this Code has been inserted in this work because it is felt that a comprehensive view of any system enables the student of a particular trial under that system to grasp more fully and to appreciate more keenly the merits of the proceedings. In Part III the legal aspects of the trial of Jesus have been reviewed. The elements of Law and Fact have been combined in the form of a "Brief," in which "Points" have been made and errors have been discussed. During the past decade, the author of this work has delivered occasionally, in the United States and in the Dominion of Canada, a lecture upon the subject, "The Trial of Jesus from a Lawyer's Standpoint." Numerous requests have been made, from time to time, for the lecture in printed form. To supply this demand is the purpose of the publication of these volumes. The voluminous treatment given has been in response to the demands of those who have asked for a topical treatment of the subject. Many auditors in his lecture audiences have asked for special treatment, from a lawyer's standpoint, of the New Testament Gospels. Many have requested an exhaustive handling of Hebrew criminal law. Others have asked for the insertion in this work of the Apocryphal Acts of Pilate. And still others have expressed a desire to have Græco-Roman Paganism dealt with in its relationship to the trial of Jesus. In obedience to these various demands, certain chapters have been incorporated in the general work that may not seem to the average reader to have any direct bearing upon the subject treated. It is felt, however, that in every case at least a partial relevancy exists, and that in a large majority of cases the relevancy is perfect. The writer wishes, at this time and place, to acknowledge his indebtedness and to express his thanks, for valuable assistance rendered, to all those authors mentioned under the title "Bibliography" at the end of Volume II. WALTER M. CHANDLER. NEW YORK CITY, July 1, 1908. THE GOSPEL NARRATIVES MATTHEW xxvi. 47-68; xxvii. 1-26 And while he yet spake, lo, Judas, one of the twelve, came, and with him a great multitude with swords and staves, from the chief priests and elders of the people.... Then came they, and laid hands on Jesus, and took him.... And they that had laid hold on Jesus led him away to Caiaphas the high priest, where the scribes and the elders were assembled.... Now the chief priests, and elders, and all the council, sought false witness against Jesus, to put him to death; But found none: yea, though many false witnesses came, yet found they none. At the last came two false witnesses, And said, This fellow said, I am able to destroy the temple of God, and to build it in three days. And the high priest arose, and said unto him, Answerest thou nothing? what is it which these witness against thee? But Jesus held his peace. And the high priest answered and said unto him, I adjure thee by the living God, that thou tell us whether thou be the Christ, the Son of God. Jesus saith unto him, Thou has said: nevertheless I say unto you, Hereafter shall ye see the Son of man sitting on the right hand of power, and coming in the clouds of heaven. Then the high priest rent his clothes, saying, He hath spoken blasphemy; what further need have we of witnesses? behold, now ye have heard his blasphemy. What think ye? They answered and said, He is guilty of death. Then did they spit in his face, and buffeted him; and others smote him with the palms of their hands, Saying, Prophesy unto us, thou Christ, Who is he that smote thee? When the morning was come, all the chief priests and elders of the people took counsel against Jesus to put him to death: And when they had bound him, they led him away, and delivered him to Pontius Pilate the governor.... And Jesus stood before the governor: and the governor asked him, saying, Art thou the King of the Jews? And Jesus said unto him, Thou sayest. And when he was accused of the chief priests and elders, he answered nothing. Then said Pilate unto him, Hearest thou not how many things they witness against thee? And he answered him to never a word; insomuch that the governor marvelled greatly. Now at the feast the governor was wont to release unto the people a prisoner, whom they would. And they had then a notable prisoner, called Barabbas. Therefore when they were gathered together, Pilate said unto them, Whom will ye that I release unto you? Barabbas, or Jesus which is called Christ? For he knew that for envy they had delivered him. When he was set down on the judgement seat, his wife sent unto him, saying, Have thou nothing to do with that just man: for I have suffered many things this day in a dream because of him. But the chief priests and elders persuaded the multitude that they should ask Barabbas, and destroy Jesus. The governor answered and said unto them, Whether of the twain will ye that I release unto you? They said, Barabbas. Pilate saith unto them, What shall I do then with Jesus which is called Christ? They all say unto him, Let him be crucified. And the governor said, Why, what evil hath he done? But they cried out the more, saying, Let him be crucified. When Pilate saw that he could prevail nothing, but that rather a tumult was made, he took water, and washed his hands before the multitude, saying, I am innocent of the blood of this just person: see ye to it. Then answered all the people, and said, His blood be on us, and on our children. Then released he Barabbas unto them: and when he had scourged Jesus, he delivered him to be crucified. MARK xiv. 43-65; xv. 1-15. And immediately, while he yet spake, cometh Judas, one of the twelve, and with him a great multitude with swords and staves, from the chief priests and the scribes and the elders. And he that betrayed him had given them a token, saying, Whomsoever I shall kiss, that same is he; take him, and lead him away safely. And as soon as he was come, he goeth straightway to him, and saith, Master, Master; and kissed him. And they laid hands on him, and took him. And one of them that stood by drew a sword, and smote a servant of the high priest, and cut off his ear. And Jesus answered and said unto them, Are ye come out, as against a thief, with swords and staves to take me? I was daily with you in the temple teaching, and ye took me not; but the scriptures must be fulfilled. And they all forsook him, and fled. And there followed him a certain young man, having a linen cloth cast about his naked body; and the young man laid hold on him: And he left the linen cloth, and fled from them naked. And they led Jesus away to the high priest: and with him were assembled all the chief priests and the elders and the scribes.... And the chief priests and all the council sought for witness against Jesus to put him to death; and found none. For many bare false witness against him, but their witness agreed not together. And there arose certain, and bare false witness against him, saying, We heard him say, I will destroy this temple that is made with hands, and within three days I will build another made without hands. But neither so did their witness agree together. And the high priest stood up in the midst, and asked Jesus, saying, Answerest thou nothing? what is it which these witness against thee? But he held his peace, and answered nothing. Again the high priest asked him, and said unto him, Art thou the Christ, the Son of the Blessed? And Jesus said, I am: and ye shall see the Son of man sitting on the right hand of power, and coming in the clouds of heaven. Then the high priest rent his clothes, and saith, What need we any further witnesses? Ye have heard the blasphemy: what think ye? And they all condemned him to be guilty of death. And some began to spit on him, and to cover his face, and to buffet him, and to say unto him, Prophesy: and the servants did strike him with the palms of their hands. 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. And Pilate asked him, Art thou the King of the Jews? And he answering said unto him, Thou sayest it. And the chief priests accused him of many things: but he answered nothing. And Pilate asked him again, saying, Answerest thou nothing? behold how many things they witness against thee. But Jesus yet answered nothing; so that Pilate marvelled. Now at that feast he released unto them one prisoner, whomsoever they desired. And there was one named Barabbas, which lay bound with them that had made insurrection with him, who had committed murder in the insurrection. And the multitude crying aloud began to desire him to do as he had ever done unto them. But Pilate answered them, saying, Will ye that I release unto you the King of the Jews? For he knew that the chief priests had delivered him for envy. But the chief priests moved the people, that he should rather release Barabbas unto them. And Pilate answered and said again unto them, What will ye then that I shall do unto him whom ye call the King of the Jews? And they cried out again, Crucify him. Then Pilate said unto them, Why, what evil hath he done? And they cried out the more exceedingly, Crucify him. And so Pilate, willing to content the people, released Barabbas unto them, and delivered Jesus, when he had scourged him, to be crucified. LUKE xxii. 47-71; xxiii. 1-24. And while he yet spake, behold a multitude, and he that was called Judas, one of the twelve, went before them, and drew near unto Jesus to kiss him. But Jesus said unto him, Judas, betrayest thou the Son of man with a kiss? When they which were about him saw what would follow, they said unto him, Lord, shall we smite with the sword? And one of them smote the servant of the high priest, and cut off his right ear. And Jesus answered and said, Suffer ye thus far. And he touched his ear, and healed him. Then Jesus said unto the chief priests, and captains of the temple, and the elders, which were come to him, Be ye come out, as against a thief, with swords and staves? When I was daily with you in the temple, ye stretched forth no hands against me; but this is your hour, and the power of darkness. Then took they him, and led him, and brought him into the high priest's house. And Peter followed afar off.... 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. And the whole multitude of them arose, and led him unto Pilate. And they began to accuse him, saying, We found this fellow perverting the nation, and forbidding to give tribute to Cæsar, saying that he himself is Christ a King. And Pilate asked him, saying, Art thou the King of the Jews? And he answered him and said, Thou sayest it. Then said Pilate to the chief priests and to the people, I find no fault in this man. And they were the more fierce, saying, He stirreth up the people, teaching throughout all Jewry, beginning from Galilee to this place. When Pilate heard of Galilee, he asked whether the man were a Galilæan. And as soon as he knew that he belonged unto Herod's jurisdiction, he sent him to Herod, who himself also was at Jerusalem at that time. And when Herod saw Jesus, he was exceeding glad: for he was desirous to see him of a long season, because he had heard many things of him; and he hoped to have seen some miracle done by him. Then he questioned with him in many words; but he answered him nothing. And the chief priests and scribes stood and vehemently accused him. And Herod with his men of war set him at nought, and mocked him, and arrayed him in a gorgeous robe, and sent him again to Pilate. And the same day Pilate and Herod were made friends together: for before they were at enmity between themselves. And Pilate, when he had called together the chief priests and the rulers and the people, Said unto them, Ye have brought this man unto me, as one that perverteth the people: and, behold, I, having examined him before you, have found no fault in this man touching those things whereof ye accuse him: No, nor yet Herod: for I sent you to him; and, lo, nothing worthy of death is done unto him. I will therefore chastise him, and release him.... And they cried out all at once, saying, Away with this man, and release unto us Barabbas.... Pilate therefore, willing to release Jesus, spake again to them. But they cried, saying, Crucify him, crucify him. And he said unto them the third time, Why, what evil hath he done? I have found no cause of death in him: I will therefore chastise him, and let him go. And they were instant with loud voices, requiring that he might be crucified. And the voices of them and of the chief priests prevailed. And Pilate gave sentence that it should be as they required. JOHN xviii. 3-38; xix. 1-16. Judas then, having received a band of men and officers from the chief priests and Pharisees, cometh thither with lanterns and torches and weapons.... Then the band and the captain and officers of the Jews took Jesus, and bound him, And led him away to Annas first; for he was father in law to Caiaphas, which was the high priest that same year.... The high priest then asked Jesus of his disciples, and of his doctrine. Jesus answered him, I spake openly to the world; I ever taught in the synagogue, and in the temple, whither the Jews always resort; and in secret have I said nothing. Why askest thou me? ask them which heard me, what I have said unto them: behold, they know what I said. And when he had thus spoken, one of the officers which stood by struck Jesus with the palm of his hand, saying, Answerest thou the high priest so? Jesus answered him, If I have spoken evil, bear witness of the evil: but if well, why smitest thou me? Now Annas had sent him bound unto Caiaphas the high priest.... Then led they Jesus from Caiaphas unto the hall of judgment: and it was early; and they themselves went not into the judgment hall, lest they should be defiled; but that they might eat the passover. Pilate then went out unto them, and said, What accusation bring ye against this man? They answered and said unto him, If he were not a malefactor, we would not have delivered him up unto thee. Then said Pilate unto them, Take ye him, and judge him according to your law. The Jews therefore said unto him, It is not lawful for us to put any man to death.... Then Pilate entered into the judgment hall again, and called Jesus, and said unto him, Art thou the King of the Jews? Jesus answered him, Sayest thou this thing of thyself, or did others tell it thee of me? Pilate answered, Am I a Jew? Thine own nation and the chief priests have delivered thee unto me: what hast thou done? Jesus answered, My kingdom is not of this world: if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence. Pilate therefore said unto him, Art thou a king then? Jesus answered, Thou sayest that I am a king. To this end was I born, and for this cause came I into the world, that I should bear witness unto the truth. Everyone that is of the truth heareth my voice. Pilate saith unto him, What is truth? And when he had said this, he went out again unto the Jews, and saith unto them, I find in him no fault at all. Then Pilate therefore took Jesus, and scourged him. And the soldiers platted a crown of thorns, and put it on his head, and they put on him a purple robe, And said, Hail, King of the Jews! and they smote him with their hands. Pilate therefore went forth again, and saith unto them, Behold, I bring him forth to you, that ye may know that I find no fault in him.... The Jews answered him, We have a law, and by our law he ought to die, because he made himself the Son of God. When Pilate therefore heard that saying, he was the more afraid; And went again into the judgment hall, and saith unto Jesus, Whence art thou? But Jesus gave him no answer.... And from thenceforth Pilate sought to release him: but the Jews cried out, saying, If thou let this man go, thou art not Cæsar's friend: whosoever maketh himself a king speaketh against Cæsar. When Pilate therefore heard that saying, he brought Jesus forth, and sat down in the judgment seat in a place that is called the Pavement, but in the Hebrew, Gabbatha. And it was the preparation of the passover, and about the sixth hour: and he saith unto the Jews, Behold your King! But they cried out, Away with him, away with him, crucify him. Pilate saith unto them, Shall I crucify your King? The chief priests answered, We have no king but Cæsar. Then delivered he him therefore unto them to be crucified. And they took Jesus, and led him away. PART I _THE RECORD OF FACT_ [Illustration: ST. MATTHEW (REMBRANDT)] CHAPTER I THE RECORD OF FACT The Gospels of the New Testament form the record of fact in the trial of Jesus. There is not a line of authentic history in the literature of the world, sacred or profane, dealing originally and authoritatively with the facts and circumstances of the trial and crucifixion of the Christ, excepting these Gospels. A line from Philo--a dubious passage from Josephus--a mere mention by Tacitus--a few scattering fragments from the Talmud--all else is darkness, save the light that streams down through the centuries from Calvary and the Cross through the books of the Evangelists. In dealing with the record of fact contained in the Gospels, in the trial of Jesus two questions naturally suggest themselves: (1) Are the Gospel narratives, such as we have them to-day, identical with those that were given to the world by the Evangelists in Apostolic times? That is, have these biographies of the Christ by the Evangelical writers been handed down to us through all the ages substantially uncorrupted and unimpaired? (2) Are the Gospel writers--Matthew, Mark, Luke, and John--credible witnesses of the facts and circumstances recorded by them in the Gospel histories? That is, did they tell the truth when they wrote and published these narratives to the world? Satisfactory affirmative answers to these questions will establish and authenticate a perfect record of fact. The pages of Part I of this volume will be devoted to giving affirmative and satisfactory answers to these questions. And, in accomplishing this purpose, academic reasoning and metaphysical speculation will be rejected. Well-established rules of evidence, as employed in modern courts of law, will be rigorously applied. So-called "Higher Criticism" has no place in a treatise of this kind, since the critical niceties and dialectic quibbles of men like Strauss, Renan, and Baur would not be seriously considered in a modern judicial proceeding. Reasonable probability, and not mathematical certainty, is the legal test of adequacy in weighing human testimony with a view to a judicial determination. The reader may ask: Why should not a Christian writer, in a Christian country, assume, without argument, that the testimony of Christian sacred writers is true? The answer is that such conduct would convert a purely legal treatise into a religious one, and substitute faith for logic. The writer of these volumes, as a Christian, believes that the Gospels relate the truth. As a lawyer, he is compelled to respect the opinions of a large proportion of mankind who differ with him, and to employ judicial methods in treating a legal theme. The two questions above mentioned involve two distinct principles or features in the Law of Evidence: (1) Admissibility or relevancy of evidence; (2) Credibility of witnesses who have rendered testimony. All the pages of Part I will be devoted to a consideration of these features in their relationship to the testimony of the Evangelists. The first question that naturally arises is this: Is there a well-established rule of the modern Law of Evidence under which the Gospels could be introduced as evidence in a modern judicial proceeding? Suppose that the question of the Resurrection of Jesus--that is, the fact of the truthfulness or falsity of the Resurrection--should become a material fact in issue in a suit in a modern court of law; could the testimony of the Evangelists relating to the Resurrection be introduced in evidence? It would probably be objected that their testimony was hearsay; that they had not been properly subjected to the cardinal tests of truth: an oath, a cross-examination, and personal demeanor while testifying. These objections might prevail if another rule of law could not be successfully invoked. Such a rule exists, and with it we have now to deal. The author can conceive of no more satisfactory way of establishing the principle of the admissibility of the Gospels in evidence under modern law than by quoting at length from the celebrated treatise on the "Testimony of the Evangelists," by Mr. Simon Greenleaf, the greatest of all writers on the Law of Evidence. The opinion of Greenleaf on a subject of this kind is somewhat in the nature of a decision of a court of last resort, and his authority in matters of this import is unquestioned in every land where English law is practiced. _The London Law Magazine_, a few years ago, paid him the following splendid tribute: "It is no mean honor to America that her schools of jurisprudence have produced two of the first writers and best esteemed legal authorities of this century--the great and good man, Judge Story, and his worthy and eminent associate, Professor Greenleaf. Upon the existing Law of Evidence (by Greenleaf) more light has shone from the New World than from all the lawyers who adorn the courts of Europe." Concerning the authenticity of the Sacred Scriptures and their admissibility in evidence, Greenleaf has thus written: That the books of the Old Testament, as we now have them, are genuine; that they existed in the time of our Saviour, and were commonly received and referred to among the Jews as the sacred books of their religion; and that the text of the Four Evangelists has been handed down to us in the state in which it was originally written, that is, without having been materially corrupted or falsified, either by heretics or Christians, are facts which we are entitled to assume as true, until the contrary is shown. The genuineness of these writings really admits of as little doubt,
{'title': "The Trial of Jesus from a Lawyer's Standpoint, Vol. 1 (of 2) by Walter M. Chandler", 'source': 'Project Gutenberg', 'lang': 'en'}