The First Trial of Jesus-pt.1
Jesus is being mocked, defamed, beaten, and savagely scorned. All the while, He is also thinking of Peter. Peter, and possibly John, are in the courtyard and Peter denies Jesus as He said he would. Jesus takes the time to look at him in order to convict and reprove Peter, for his good.
Introduction
Nor did the Temple-authorities now, as on the former occasion, seek to raise the populace against Him, or challenge His authority by demanding the warrant of ‘a sign.’ The contest had reached quite another stage. They heard what He said in their condemnation, and with bitter hatred in their hearts sought for some means to destroy Him. But fear of the people restrained their violence. For, marvellous indeed was the power which He wielded. With rapt attention the people hung entranced on His lips, ‘astonished’ at those new and blessed truths which dropped from them.
The order was issued by the “chief priests and the Pharisees.” These were the ecclesiastical leaders of the Jews. The Sadducees, who were the most powerful party at this time, were keeping in the background, and allowing the Pharisees to take the lead. The “chief priests” were a composite body, consisting of various elements: viz. those who had held the office of high priest, such as Annas, Ishmael son of Phabi, Eleazar son of Annas, and Simon son of Camithos; also the heads of the twenty-four courses of priests; and, in addition, the members of the hierarchical families represented by these men. Taken together they were powerful officials constituting rather a political faction than a definite office.
The trials of Jesus are complex.
This Great Council of seventy-one was the supreme court of justice for all Jewry, its powers, like those of the Pope, extending over God’s people in every quarter of the world
We have now, therefore, arrived, so to speak, at the era of Councils. In the Gospels we see recorded four meetings or assemblies which have the appearance of Councils, or meetings of the Great Sanhedrin: at the least, they were assemblies of Sanhedrists:—
1. St. John 11:47, shortly before the Passover of A.D. 29.
2. St. Matt. 26:3, two days before the Passover.
3. St. Matt. 26:59, on Thursday night after the arrest in Gethsemane.
4. St. Mark 15:1, early on the morning of Friday.
Today, we will discuss the meeting of early Friday morning:
THE pale grey light had passed into that of early morning, when the Sanhedrists once more assembled in the Palace of Caiaphas. A comparison with the terms in which they who had formed the gathering of the previous night are described will convey the impression, that the number of those present was now increased, and that they who now came belonged to the wisest and most influential of the Council. It is not unreasonable to suppose, that some who would not take part in deliberations which were virtually a judicial murder might, once the resolution was taken, feel in Jewish casuistry absolved from guilt in advising how the informal sentence might best be carried into effect. It was this, and not the question of Christ’s guilt, which formed the subject of deliberation on that early morning.
Phase 1 Annas
Annas was at this time the most striking personality in Palestine. For more than half a century he was at the head of ecclesiastical affairs in Jerusalem, either as actual high priest, or as holding the reins of power through members of his family
In the questions which Annas addressed to Jesus, he was exceeding his powers, and the unwarrantable outrage that he permitted ought to have met with immediate punishment. When Jesus was brought before him, the duty of Annas was merely to obtain sufficient information to warrant him to commit Jesus for trial before the Sanhedrin. But Annas seems to have taken up the attitude of an accuser, which was contrary to all the principles of Hebrew law in criminal cases, the judges being regarded rather in the light of counsel for the accused, than as prosecutors.
The duty of Annas was now clear. His inquiries had satisfied him that there was a sufficient case against the Prisoner to warrant him in detaining Him for trial on a criminal charge, before the Great Sanhedrin. But it was now night—many hours after sunset, an hour or two after midnight—and no trial could be commenced until after sunrise the next day, or, rather, until after the morning sacrifice. This is very clearly laid down in San. c. iv. All trials, whether “in money, or in souls,” or, as we should say, in civil or in criminal cases, must be conducted by day, and the latter must be settled also by day. There was consequently no other course open to Annas on this occasion than that which was adopted by the Temple authorities in the case of Peter and John afterwards (Acts 4:3), viz. to detain the Prisoner in custody until the morrow.
As, however, that day was a Feast day, the Passover, followed by its octave, and that by a Sabbath, this course would have involved a delay of at least nine days. It must have been some such consideration as this which led to the indecent haste with which the trial was commenced, and which brought about the many irregularities and illegalities to which we shall presently call attention.
They assembled at the high priest’s palace, which we have assumed to have been held in joint occupation by both priests, it being convenient for Annas, the the high priest de jure, to be near at hand in the official residence of the high priest de facto.
Phase 2 Caiaphas and the Sanhedrin:
The president of the council at this time was Rabban Gamaliel, the teacher of Saul, at whose feet he was instructed in the law of the fathers (Acts 22:3). The vice-president was Rabban Simeon his son. Nevertheless Caiaphas presided, as holding office under the Roman governor, or at least as his nominee, and responsible to him.
A blasphemer is not guilty unless he mentions the proper name of God (Jehovah). Through the entire trial the witnesses are examined pseudonymously—i.e. (the blasphemer said): “Jose shall be beaten by Jose.” The name Jose is chosen because it contains four letters, as does the proper name of the Lord. When the examination was ended, the culprit was not executed on the testimony under the pseudonym; but all are told to leave the room except the witnesses, and the principal witness is instructed: “Tell what you heard exactly.” And he does so.
The judges then arise, and rend their garments, and they are not to be mended. The second witness then says: “I heard exactly the same as he told.” And so also says the third witness.
“Witnesses”
In the proceedings before Caiaphas, as recorded by St. Matthew and St. Mark, the prominence given to witnesses is very noticeable:—
“The whole council sought false witness:”
“Many false witnessess came:”
“Afterward came two:”
“What is it which these witness against thee?”
“What further need have we of witnesses?”
It might seem, at first sight, that these verses contain unnecessary repetitions; but this stress laid on the testimony of witnesses is no accidental coincidence, for both Matthew and Mark were presumably well versed in the customs of the law courts of Palestine. They were evidently familiar with the procedure before the Sanhedrin, and they show this in the reports which they give. They state deliberately that it was “the whole council” which assembled. They specify the constituent elements of that council, as “chief priests, elders, and scribes;” and, beyond this, they are persistent in their references to the agency of witnesses in the case.
With us the witnesses are subordinate; they are put upon oath by an officer of the court; they are examined by advocates, cross-examined by the counsel for the opposite side, and re-examined; their attendance is compulsory, and they are liable to punishment for contempt of court if they refuse to attend or to give evidence.
In all these points the Jewish practice was diametrically opposed to ours.
The witnesses came forward voluntarily. They took upon their shoulders the whole responsibility of the accusation. No formal indictment was framed. There was, in fact, no charge until the evidence of the witnesses had been laid before the court. The trial could not begin until this was done. They were virtually the prosecutors: and so distinctly was this recognized, that a legal maxim might have been based upon the fact, and expressed in some such words as these, “No witnesses; therefore no accusation and no trial.”
Next Week: Pilate
“To decide upon the following cases three persons are needed—civil cases, robbery, wounds, whole damages, and half; and the same in the case of forcing, seducing, and libel (Deut. 22:19). So is the decree of Rabbi Meir. The sages, however, maintain, in the last case (libel) twenty-three are needed, as this is not a civil case, but a crime which may bring capital punishment.
“Rabban Simeon B. Gamaliel maintains: It begins with three persons and is discussed by five, and the decision is rendered by seven. If, however, it was decided by three, their decision holds good.
“Crimes, which may bring capital punishment, twenty-three. A whole tribe, or a false prophet, or a high priest, if they have to be judged for a crime which may bring capital punishment, a court of seventy-one judges is needed.”