Did the Great Sanhedrin exist at the time of Christ? If it existed, was
it still a legally constituted court, having jurisdiction to try capital
offenses? Did it have jurisdiction of the particular offense with which
Jesus was charged? If the Great Sanhedrin was actually in existence, had
criminal jurisdiction in capital cases, and was judicially empowered to
try the offense with which Jesus was charged, did it actually try Him?
Were the rules of criminal procedure, prescribed in the Mishna and cited
in this Brief, in existence and actively in force in Judea at the time
of the trial of Jesus? What was the nature of the charge brought against
the Christ? Was He guilty as charged? Were forms of law duly observed in
the trial of the accusation against Him? Answers to these questions,
which will be considered in the Brief in the order above enumerated,
will cover the legal aspects of the Hebrew trial of Jesus.
_Did the Great Sanhedrin exist at the time of Christ?_ The answer to
this question is of prime importance, since the existence of a court
having jurisdiction of the person and subject matter of the suit is a
fundamental consideration in all litigation. It is generally supposed
that the Hebrew trial of Jesus took place before the Great Sanhedrin in
Jerusalem. But many able writers, both Jewish and Gentile, deny that
this court had any existence at the time of Christ. In the "Martyrdom of
Jesus," Rabbi Wise says: "But this body did positively not exist at the
time when Jesus was crucified, having been dissolved 30 A.C. In nowise,
then, any passages of the Gospels must be understood to refer to the
Great Sanhedrin." Many Jewish and several eminent Gentile authors agree
with this contention, which is founded upon a passage in Josephus in
which it is declared that King Herod had all the members of the
Sanhedrin put to death.[176] It is contended by these writers that the
supreme tribunal of the Jews was then abolished and was not restored
until subsequent to the crucifixion. Opposed to this assertion, however,
is the weight of both reason and authority. Schürer is of the opinion
that Josephus did not mean literally "all" ([Greek: pantas]) when he
wrote that Herod had destroyed all the members of the Great Sanhedrin;
since in the following book he relates that the same king caused to be
put to death the forty-five most prominent members of the party of
Antigonus, who must themselves have been members of this court; and
forty-five are twenty-six fewer than seventy-one, the full membership of
the Great Sanhedrin.[177] The same author asserts the existence and
discusses the jurisdiction of this court in the following language: "As
regards the area over which the jurisdiction of the Great Sanhedrin
extended, it has already been remarked above that its civil authority
was restricted, in the time of Christ, to the eleven toparchies of Judea
proper. And, accordingly, for this reason it had no judicial authority
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