In determining the weight that this evidence should have had in
affecting the decision of the judges we must not forget that a Jewish
prisoner was not required to prove his innocence. It was incumbent upon
the Commonwealth of Israel to establish guilt beyond all doubt. We
should also remember that the peculiar tendency of the Hebrew system of
criminal procedure was in the direction of complete protection to the
accused. Not reasonable doubt merely, but all doubt was resolved in his
favor. It was a maxim of the Hebrew law that "the Sanhedrin was to save,
not to destroy life." Pretext after pretext was sought to acquit. "The
primary object of the Hebrew judicial system," says Benny, "was to
render the conviction of an innocent person impossible. All the
ingenuity of the Jewish legists was directed to the attainment of this
end." If this generous and merciful tendency of Hebrew law had been duly
observed, would not the production of the evidence above noted have
resulted in the acquittal of Jesus?
But, at this point, let us return to the consideration of the real
meaning of the objection urged in Point XII. The irregularity therein
alleged is that the Sanhedrin paid no attention whatever to the defense
of Jesus. And herein was the real error. The members of that court might
have rejected as false the claims of the Nazarene to Messiahship. They
might have denounced as fraudulent his pretensions to miraculous
powers. They could not for this reason have been charged with judicial
unfairness, if they had first heard his defense and had then "weighed it
in the sincerity of their conscience." Infallibility of judgment cannot
be demanded of judicial officers.
In closing the discussion of errors committed at the night trial in the
palace of Caiaphas, the reader should be reminded that the twelve Points
above mentioned are not exhaustive of the irregularities. Others might
be mentioned. It seems that Jesus, being the accused, should not have
been put under oath.[343] On the days on which capital verdicts were
pronounced Hebrew judges were required to mourn and fast.[344] But there
was evidently no mourning and fasting by Caiaphas and his colleagues at
the time of the condemnation of Jesus. Again, there is no evidence that
Antecedent Warning was properly administered. Still other errors might
be noted, if a legal presumption in favor of the correctness of the
record did not prevent. The irregularities which we have heretofore
discussed, it is believed, exhaust all the material errors committed at
the first session of the Sanhedrin. At least, no others are revealed by
the Gospel records.
Public-domain text, read in full here on John Shaqi.
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