Others still apparently reverse the order, and insist that the Hebrew
trial was the only one; that the duty of Pilate was merely to review,
sanction, and countersign the verdict of the Sanhedrin. Of this class is
Renan, who says: "The course which the priests had resolved to pursue in
regard to Jesus was quite in conformity with the established law. The
plan of the enemies of Jesus was to convict him, by the testimony of
witnesses and by his own avowals, of blasphemy and of outrage against
the Mosaic religion, to condemn him to death according to law, and then
to get the condemnation sanctioned by Pilate."[188] Salvador and Stapfer
agree with Renan that the Hebrew trial was regular and that the
proceedings were legal. On the other hand, Rosadi, Dupin, Keim and many
others denounce the proceedings in the trial of Jesus as outrageously
illegal.
As to the number of trials, the authorities above cited seem to be
exceptions to the rule. By far the greater number contend that there
were two distinct trials: a Hebrew and a Roman, separate and yet
dependent. The opinion of this class of writers is most clearly
expressed by Innes, who says: "Whether it was legitimate or not for the
Jews to condemn for a capital crime on this occasion, they did so.
Whether it was legitimate or not for Pilate to try over again an accused
whom they had condemned, on this occasion, he did so. There were
certainly two trials."[189] This is the view of the writer of these
pages; and he has, accordingly, divided the general subject into two
trials, devoting a volume of the work to each. It may be answered, then,
that there was a regular trial of Jesus before the Great Sanhedrin. The
relation of this trial to the Roman proceeding will be more fully
discussed in the second volume of this treatise.
_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?_ This question has been answered in the negative
by several writers of repute. Others have answered that the matter is in
doubt. But it is very generally agreed that an affirmative answer is the
proper one. Out of this question, two others arise: (1) Were the rules
of criminal law, herein cited, obsolete at the time of the crucifixion?
(2) Were they the legal developments of an age subsequent to that great
event? In either case, their citation, in this connection, is without
reason or justification.
It is a sufficient answer to the first of these questions that none of
the standard works on Hebrew criminal law classes any of the rules
herein stated as obsolete at the time of Christ. In support of a
negative answer to this question, it may be urged that all of the
aforesaid rules were the essential elements of an enlightened and humane
criminal procedure in capital cases at the date of the crucifixion.
Public-domain text, read in full here on John Shaqi.
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