But notwithstanding this supreme consideration of the necessity of the
preservation of the state, the ancient Hebrews forbade the use of
accomplice testimony, as we have seen from the extract from "The
Criminal Jurisprudence of the Ancient Hebrews," by Mendelsohn, cited on
page 219.
The arrest of Jesus was ordered upon the supposition that He was a
criminal; this same supposition would have made Judas, who had aided,
encouraged, and abetted Jesus in the propagation of His faith, an
accomplice. If Judas was not an accomplice, Jesus was innocent, and His
arrest was an outrage, and therefore illegal.
The Hebrew law against accomplice testimony must have been derived, in
part at least, from the following rule laid down in Leviticus xix.
16-18: "Thou shalt not go up and down as a talebearer among thy people:
neither shall thou stand against the blood of thy neighbor. Thou shalt
not hate thy brother in thine heart: Thou shalt not avenge, or bear any
grudge against the children of thy people, but thou shalt love thy
neighbor as thyself." It may be objected that this is only a moral
injunction and not a legal rule; to which reply must be made that there
was no difference between morality and law among the ancient Hebrews.
Their religion was founded upon law, and their law upon religion. The
two ideas of morality and law were inseparable. The ancient Hebrew
religion was founded upon a contract of the strictest legal kind. The
Abrahamic covenant, when properly interpreted, meant simply that Jehovah
had agreed with the children of Israel that if they would obey the law
as He gave it, they would be rewarded by Him. The force of this
contention will be readily perceived when it is reflected that the
Decalogue is nothing but ten moral injunctions, which are nevertheless
said to be the law which God gave to Moses.
Every provision in the rule laid down in Leviticus is, moreover,
directly applicable to the character and conduct of Judas, and seems to
have been intended as a prophetic warning to him. Let us consider the
different elements of this rule in order.
"Thou shalt not go up and down as a talebearer among thy people."
Was not Judas a talebearer among his people? Did he not go to the chief
priests to betray his Master unto them? Was he not a "talebearer" if he
did nothing more than communicate to the chief priests the whereabouts
of the Savior, that Gethsemane was His accustomed place of prayer and
that He might be found and arrested there at midnight? Are we not
justified in supposing that Judas told the enemies of Jesus much more
than this? Is it not reasonable to infer that the blood-money was paid
to secure more evidence than that which would merely lead to the arrest
of the Nazarene? Is it not probable that Judas detailed to the chief
priests many events in the ministry of Jesus which, it is known, He
communicated only to the Twelve? If he did these things, was he not a
"talebearer" within the meaning of the rule?
Public-domain text, read in full here on John Shaqi.
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