The closing words of the last quotation suggest an important fact which
furnishes the answer to the question asked at the beginning of this
chapter, Why were there two trials of Jesus? Schürer declares that the
Sanhedrin retained judicial and administrative power in all local
matters which the "procurator had not specially reserved for himself."
Now, it should be borne in mind that there is not now in existence and
that there probably never existed any law, treaty or decree declaring
what judicial acts the Sanhedrin was competent to perform and what acts
were reserved to the authority of the Roman governor. It is probable
that in all ordinary crimes the Jews were allowed a free hand and final
decision by the Romans. No interference took place unless Roman
interests were involved or Roman sovereignty threatened. But one fact is
well established by the great weight of authority: that the question of
sovereignty was raised whenever the question of life and death arose;
and that Rome reserved to herself, in such a case, the prerogative of
final judicial determination. Even this contention, however, has been
opposed by both ancient and modern writers of repute; and, for this
reason, it has been thought necessary to cite authorities and offer
arguments in favor of the proposition that the right of life or death,
_jus vitæ aut necis_, had passed from Jewish into Roman hands at the
time of Christ. Both sacred and profane history support the affirmative
of this proposition. Regarding this matter, Schürer says: "There is a
special interest attaching to the question as to how far the
jurisdiction of the Sanhedrin was limited by the authority of the Roman
procurator. We accordingly proceed to observe that, inasmuch as the
Roman system of provincial government was not strictly carried out in
the case of Judea, as the simple fact of its being administered by means
of a procurator plainly shows, the Sanhedrin was still left in the
enjoyment of a comparatively high degree of independence. Not only did
it exercise civil jurisdiction, and that according to Jewish law (which
was only a matter of course, as otherwise a Jewish court of justice
would have been simply inconceivable), but it also enjoyed a
considerable amount of criminal jurisdiction as well. It had an
independent authority in regard to political affairs, and consequently
possessed the right of ordering arrests to be made by its own officers
(Matt. xxvi. 47; Mark xiv. 43; Acts iv. 3; v. 17, 18). It had also the
power of finally disposing, on its own authority, of such cases as did
not involve sentence of death (Acts iv. 5-23; v. 21-40). It was only in
cases in which such sentence of death was pronounced that the judgment
required to be ratified by the authority of the procurator."[3]
The Jews contend, and, indeed, the Talmud states that "forty years
before the destruction of the temple the judgment of capital cases was
taken away from Israel."
Public-domain text, read in full here on John Shaqi.
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