Those writers who maintain that there was only one charge, that of
blasphemy, under different forms, rely upon the passage in Matthew, "I
am _able_ to destroy the temple of God and to build it again in three
days," and interpret it as a claim to supernatural power in the light of
the language used by those who heard it: "Forty-and-six years was this
temple in building, and wilt thou rear it again in three days?" Those
who hold the opposite view, that there were two distinct charges, rely
upon the passage in Mark, "I _will_ destroy this temple that is made
with hands, and within three days I will build another made without
hands," and interpret it in the light of a similar accusation against
Stephen a few months afterwards: "For we have heard him say, that this
Jesus of Nazareth _shall destroy this place_, and _shall change the
customs_ which Moses delivered us."[251] This second interpretation,
which we believe to be the better, establishes the existence at the
trial of Christ of two distinct charges: that of sedition, based upon a
threat to assault existing institutions; and that of blasphemy, founded
upon the claim of equality with God. And, in the light of this
interpretation, the illegality in the form of the indictment against
Jesus has been urged.
If the first construction be the true one, then the error alleged in
Point III is not well founded, since the accusation was presented by
witnesses, as the law required; unless it could be successfully urged
that the witnesses, being _false_ witnesses, were no more competent to
accuse a prisoner than to convict him upon their false testimony. In
such a case the substance as well as the form of the indictment would be
worthless, and the whole case would fall, through failure not only of
competent testimony to convict but also of a legal indictment under
which to prosecute.
Neither the Mishna nor the Gemara mentions written indictments among the
ancient Hebrews. "The Jewish Encyclopedia" says that accusations were
probably in writing, but that it is not certain.[252] A passage in
Salvador seems to indicate that they were in writing. "The papers in the
case," he says, "were read, and the accusing witnesses were then
called." "The papers" were probably none other than the indictment. But
of this we are not sure, and cannot, therefore, predicate the allegation
of an error upon it. From the whole context of the Scriptures, however,
we are led to believe that only oral charges were preferred against
Jesus.
POINT IV
THE PROCEEDINGS OF THE SANHEDRIN AGAINST JESUS WERE ILLEGAL BECAUSE THEY
WERE CONDUCTED AT NIGHT
LAW
"Let a capital offence be tried during the day, but suspend it at
night."--MISHNA, Sanhedrin IV. 1.
Public-domain text, read in full here on John Shaqi.
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