It is not the purpose of the author of these volumes to usurp the
functions or the privileges of the ecclesiastic. To priests and
preachers have been left the discussion and solution of theological
problems: the divinity of Jesus, the immortality of the soul and kindred
religious dogmas. "The Trial of Jesus from a _Lawyer's_ Standpoint" is
the expanded title of this work. A strict adherence to a secular
discussion of the theme proclaimed has been studiously observed in the
preparation of these pages. The legal rights of the _man_ Jesus at the
bar of _human_ justice under Jewish and Roman laws have marked the
limitations of the argument. Any digression from this plan has been
temporary and necessary.
A thorough understanding of any case, judicially considered, involves a
complete analysis of the cardinal legal elements of the case: the
element called Fact and the element called Law. Whether in ancient or
modern times, in a Jewish or Gentile court, of civil or criminal
jurisdiction, these elements have always entered into the legal
conception of a case. Whether the advocate is preparing a pleading at
his desk, is summing up before the jury, or addressing himself to the
court, these elements are working forever in his brain. He is constantly
asking himself these questions: What are the facts of this case? What
is the law applicable to the facts? Do the facts and law meet and
harmonize judicially? Do they blend in legal unison according to the
latest decision of the court of last resort? If so, a case is made;
otherwise, not.
Now many sermons might be differently preached; many books might be
differently written. But an intelligent discussion of the trial and
crucifixion of Jesus from a lawyer's point of view must be had upon the
basis of an analytical review of the agreement or nonagreement of law
and fact in the case sought to be made against the Christ.
The first question that naturally suggests itself to the inquiring mind,
in investigating this theme, is this: Upon what facts was the complaint
against Jesus based? A second question then logically follows: What were
the rules and regulations of Hebrew and Roman law directly applicable to
those facts in the trials of Jesus before the Sanhedrin and before
Pilate? It is respectfully submitted that no clear and comprehensive
treatment of the subject can be had without proper answers to these
questions.
Having learned the facts of any case, and having determined what rules
of law are applicable to them in regard to the controversy in hand, a
third step in the proceedings, in all matters of review on appeal, is
this: To analyze the record from the viewpoint of the juristic agreement
or nonagreement of law and fact; and to determine by a process of
judicial dissection and reformation the presence or absence of essential
legal elements in the proceedings, with a view to affirmance in case of
absence, or reversal of the verdict in the event of the discovery of the
presence of error.
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