"The high priest then asked Jesus of his disciples and of his doctrine.
Jesus answered him, I spake openly to the world; I ever taught in the
Synagogue, and in the Temple, whither the Jews always resort; and in
secret have I said nothing. Why askest thou me? ask them which heard me,
what I have said unto them: behold, they know what I said." In this
reply Jesus planted Himself squarely upon His legal rights as a Jewish
citizen. "It was in every word the voice of pure Hebrew justice, founded
upon the broad principle of their judicial procedure and recalling an
unjust judge to the first duty of his great office."
"And when he had thus spoken, one of the officers which stood by struck
Jesus with the palm of his hand, saying, Answerest thou the high priest
so?" Again the Nazarene appealed for protection to the procedure
designed to safeguard the rights of the Hebrew prisoner. "Jesus answered
him, If I have spoken evil, bear witness of the evil: but if well, why
smitest thou me?"[246]
We have seen that, under Hebrew law, the witnesses were the accusers,
and their testimony was at once the indictment and the evidence. We have
also seen that a Hebrew prisoner could not be compelled to testify
against himself, and that his uncorroborated confession could not be
made the basis of a conviction. "_Why askest thou me? ask them that
heard me_, what I have said unto them." This was equivalent to asking:
Do you demand that I incriminate myself when our law forbids such a
thing? Why not call witnesses as the law requires? If I am an evil-doer,
bear witness of the evil, that is, let witnesses testify to the
wrongdoing, that I may be legally convicted. If I am not guilty of a
crime, why am I thus maltreated?
Is it possible to imagine a more pointed and pathetic appeal for justice
and for the protection of the law against illegality and brutal
treatment? This appeal for the production of legal testimony was not
without its effect. Witnesses were soon forthcoming--not truthful
witnesses, indeed--but witnesses nevertheless. And with the coming of
these witnesses began the formal trial of the Christ, and a formal
trial, under Hebrew law, could be commenced only by witnesses.
POINT III
THE INDICTMENT AGAINST JESUS WAS, IN FORM, ILLEGAL
LAW
"The entire criminal procedure of the Mosaic Code rests upon four
rules: _certainty in the indictment_; publicity in the discussion;
full freedom granted to the accused; and assurance against all
dangers or errors of testimony."--SALVADOR, "Institutions de
Moïse," p. 365.
"_The Sanhedrin did not and could not originate charges_; it only
investigated those brought before it."--EDERSHEIM, "Life and Times
of Jesus the Messiah," vol. i. p. 309.
Public-domain text, read in full here on John Shaqi.
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