We should constantly keep in mind that Jesus was entitled to have the
two requirements, "Then shalt thou inquire, and make search, and ask
diligently," and "The judges shall weigh the matter in the sincerity of
their conscience," applied not only for but against Him. That is, before
the Hebrew Commonwealth rested its case against Him, He had a right to
demand that a _prima facie_ case be made, or in case of failure to do
so, that He be at once discharged. This rule was as pointed and
imperative under ancient as under modern law, and before the merits of
the defense were required to be considered the state had to close its
case against the defendant, with a presumption of guilt against Him, as
a result of the introduction of competent and satisfactory evidence.
If rules of law had been properly observed in the trial of Jesus the
question of the merits of His defense would never have been raised; for
it was practically impossible to convict Him under the circumstances
surrounding the night trial in the palace of Caiaphas. As has been
before suggested, Jesus was very popular outside the circle of the
Temple authorities. So great was His popularity that it is almost
certain that two competent witnesses could not have been secured to
convict Him of blasphemy in the sense that He had claimed to be the
Messiah. We have seen, under Point VIII, that Jesus had confessed His
Messiahship to no one excepting the Samaritan woman, outside the
Apostolic company. Judas, then, was probably the only witness who had
heard Him declare Himself to be the Messiah that could have been
secured; and his testimony was incompetent, under Hebrew law, because,
under the supposition that Jesus was a criminal, Judas, His apostle, was
an accomplice. As to the charge of blasphemy in the broader sense of
having claimed equality with God, upon which, according to Salvador,
Jesus was convicted, it seems from the Gospel record that there would
have been no difficulty in legally convicting Him, if the Sanhedrin had
met regularly and had taken time to summon witnesses in legal manner.
For on many occasions Jesus had said and done things in the presence of
both friends and enemies that the Jews regarded as blasphemous; such as
claiming that He and His Father were one; that He had existed before
Abraham; and that He had power to forgive sins. But these charges were
not made at the trial, and we have no right to consider them except as
means of interpreting the mind of Caiaphas in connection with the
meaning of the claim of Jesus that He was the Christ, the Son of God. If
Caiaphas was justified in construing these words to mean that Jesus
claimed identity with Jehovah, then he was justified in inferring that
Jesus had spoken blasphemy, for from the standpoint of ancient Judaism
and considering Jesus simply as a Jewish citizen, blasphemy was the
crime that resulted from such a claim. But even from this point of view
Caiaphas was not justified in refusing Jesus ample opportunity to prove
Public-domain text, read in full here on John Shaqi.
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