_Did the Great Sanhedrin have jurisdiction to try capital offenses at
the time of the crucifixion?_ This question, involving great difficulty
and much confusion in discussing the trial of Jesus, arises from the
divergent opinions of Bible scholars as to the exact legal and political
status of the Jews at the time of Christ. Many concede the existence of
the Great Sanhedrin at this time, but insist that it had been shorn of
its most important judicial attributes; that the right to try capital
cases had been wholly taken from it; and that it retained the legal
right to try only petty crimes and religious offenses not involving the
death penalty. The Jews contend, and indeed the Talmud states that
"forty years before the destruction of the Temple the judgment of
capital causes was taken away from Israel." The great weight of
authority, however, is registered against this view. The New Testament
teachings on the subject have just been discussed in the beginning of
the Brief. The opinion generally held by Bible scholars is that the
Great Sanhedrin continued to exist after the Roman conquest of Judea and
after the time of Herod; that its legislative, executive, and judicial
powers remained substantially unimpaired in local matters pertaining to
the internal affairs of the Jews; and that the Roman representatives
intervened only when Roman interests required and the sovereignty of the
Roman State demanded. The question of sovereignty presented itself,
indeed, whenever the question of life and death arose; and Rome reserved
to herself, in such cases, the prerogative of final judicial
determination. Both Renan and Salvador hold the view that the Sanhedrin
had the right of initiative, the _cognitio causæ_; that is, the right to
try the case. In the event of the acquittal of the accused the matter
was finally ended without Roman interference, but in case of conviction
the Roman legate or procurator certainly might review and probably was
required to review the matter, and either affirm or reverse the
sentence. This is the prevalent opinion among the best writers; and is
plausible because it is at once consistent with the idea of the
maintenance of Roman sovereignty and of the preservation of the local
government of the Jews. However, many able writers, among them Rosadi
and Dupin, assert that the Jews had lost the right, by virtue of Roman
conquest, even to try capital cases. And it must be admitted that the
logic of law is in their favor, though the facts of history and the
weight of authority are against them.
Public-domain text, read in full here on John Shaqi.
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