It will be seen from a perusal of this report of the trial that it was
sought to condemn Jesus first on the charge of sedition, that is, that
He had threatened the destruction of the Temple and thereby endeavored
to seduce the people from their national allegiance. "But their witness
agreed not together"; and under Hebrew law they were required to reject
contradictory testimony and discharge the prisoner, if the state was
unable to prove its case. This is what should have been done at this
point in the trial of Jesus. But, instead, the judges, in their total
disregard at law, turned to the accused and said: "Answerest thou
nothing? what is it which these witness against thee?" "But he held his
peace, and answered nothing." By remaining silent, Jesus only exercised
the ordinary privilege of a Jewish prisoner to refuse to incriminate
himself. The modern rule that the accused cannot be made to testify
against himself, unless he first voluntarily takes the witness stand in
his own behalf, was substantially true among the ancient Hebrews. But
here we find Caiaphas insisting that Jesus incriminate Himself. And he
continues to insist in the matter of the second charge, that of
blasphemy. "And the high priest asked him, and said unto him, Art thou
the Christ, the Son of the Blessed?" That question was illegal, because
it involved an irregular mode of criminal procedure, and because it
asked for a confession of guilt to be made the basis of a conviction.
The false witnesses had failed to agree and had evidently been rejected
and dismissed. The judges were then without witnesses to formulate a
charge and furnish proof of its truth. They were thus forced to the
despicable and illegal method of asking the accused to condemn Himself,
when they knew that no confession could be made the basis of a
conviction. They were also guilty of the illegality of formulating a
charge without witnesses. We have seen that only leading witnesses could
present an indictment, but here the judges became the accusers, in
violation of law.
In answer to the high priest's question, Jesus, feeling that He could
not afford at such an hour and in such a place to longer conceal His
Messiahship, answered boldly and emphatically: "I am."[274] "And they
all condemned him to be guilty of death." It will thus be seen that upon
His own confession and not upon the testimony of at least two competent
witnesses agreeing in all essential details, as the law required, was
the Nazarene condemned to death.
If it be argued, as it has been, that the two charges of threatening to
destroy the Temple and of pretending to be the "Christ, the Son of God,"
were in fact but different phases of the same charge of blasphemy, and
that the two witnesses were the corroborators of the confession of
Jesus, then reply must be made that the witnesses were not competent,
being false witnesses, nor was their testimony legally corroborated,
because it was false and contradictory.
Public-domain text, read in full here on John Shaqi.
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