Again, such a law would have been no protection to the chief priests and
to Judas against the operation of this Mosaic injunction. If such a rule
of procedure could be justified upon any ground, it would require
disinterested men acting from honorable motives, in promoting the
maintenance of law and order. Officers of the law have sometimes, as
pretended accomplices, acted in concert with criminals in order to
secure and furnish evidence against them. But they were officers of the
law, and the courts have held that their evidence was not accomplice
testimony requiring corroboration. It is very clear that Judas was not
such a disinterested witness, acting in the interest of public justice.
He was a fugitive from the Last Supper of his Master, a talebearer
within the meaning of the provision in Leviticus; and his employment by
the Sanhedrin was a violation of a fundamental provision in the Mosaic
Code.
The third illegality in the arrest of Jesus was that His capture was not
the result of a legal mandate from a court whose intentions were to
conduct a legal trial for the purpose of reaching a righteous judgment.
"This arrest," says Rosadi, "effected in the night between Thursday and
Friday, the last day of the life of Jesus, on Nisan 14, according to the
Hebrew calendar, was the execution of an illegal and factious resolution
of the Sanhedrin. There was no idea of apprehending a citizen in order
to try him upon a charge which after sincere and regular judgment might
be found just or unfounded; the intention was simply to seize a man and
do away with him. The arrest was not a preventive measure such as might
lawfully precede trial and condemnation; it was an executive act,
accomplished in view of a sentence to be pronounced without legal
justification."
POINT II
THE PRIVATE EXAMINATION OF JESUS BEFORE ANNAS (OR CAIAPHAS) WAS ILLEGAL
LAW
"Now the Jewish law prohibited _all proceedings by night_."--DUPIN,
"Jesus Devant Caïphe et Pilate."
"Be not a sole judge, for there is no sole judge but One."--MISHNA,
Pirke Aboth IV. 8.
"A principle perpetually reproduced in the Hebrew scriptures relates
to the two conditions of _publicity_ and liberty. An accused man
was never subjected to private or secret examination, lest, in his
perplexity, he furnish damaging testimony against
himself."--SALVADOR, "Institutions de Moïse," pp. 365, 366.
FACT AND ARGUMENT
The private examination before Annas (or Caiaphas) was illegal for the
following reasons: (1) The examination was conducted at night in
violation of Hebrew law; (2) no judge or magistrate, sitting alone,
could interrogate an accused judicially or sit in judgment upon his
legal rights; (3) private preliminary examinations of accused persons
were not allowed by Hebrew law.
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