The answer to the second question above suggested is a more serious
matter. It is historically true that the Mishna was not reduced to
writing until two hundred years after the beginning of our era. The
Jerusalem Talmud was not redacted until 390 A.D.; and the Babylonian
Talmud, about 365-427 A.D. The question at once arises: Were the rules
of criminal procedure, which we have herein invoked in the discussion of
this case, the growth of the periods intervening between the crucifixion
of Jesus and these dates? Two valid reasons give a negative answer to
this question. In the first place, the criminal rules applied in the
Brief are in nearly every case traceable to Mosaic provisions which were
framed more than a thousand years before the trial of Jesus. In the
second place, they could not have been the developments of a time
subsequent to the crucifixion, because less than forty years, a single
generation, intervened between that event and the fall of Jerusalem,
which was followed by the destruction of Jewish nationality and the
dispersion of the Jews. This short interval was a period of national
decay and disintegration of the Jewish people and could not have been,
under Roman domination, a formative period in legal matters. After the
fall of Jerusalem, the additions and developments in Hebrew law were
more a matter of commentary than of organic formation--more of Gemara
than of Mosaic or Mishnic growth. The decided weight of authority, then,
as well as the greater reason, is in favor of the proposition that the
Hebrew criminal law had reached its full development and was still in
active force at the time of which we write.
_What was the nature of the charge brought against Christ at the trial
before the Sanhedrin? Was He guilty as charged?_ The questions
preceding these were secondary, though important. If the Great Sanhedrin
did not exist at the time of Christ, we are forced to believe and admit
that the men who arrested and examined Jesus at night were nothing more
than an irresponsible rabble, acting without judicial authority or legal
excuse. If it was without criminal jurisdiction, though in existence, we
have erroneously spoken of a Hebrew trial. If the rules of criminal
procedure which we have invoked were not in existence at the time of the
crucifixion, we have proceeded upon a false hypothesis. Fortunately, the
weight of authority, in every case, is so overwhelmingly in our favor,
and our contention is, in each case, so well founded in reason, that we
feel justified in now proceeding to a discussion of the real merits of
the case, involved in answers to the questions: What was the nature of
the charge or charges brought against Jesus at the Hebrew trial? Was He
guilty as charged?
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