In forming an opinion as to the existence or non-existence of a regular
trial of Jesus before Pilate, the meager details of the New Testament
histories must not alone be relied upon. Nor must it be forgotten that
the Gospel writers were not lawyers or court officers reporting a case
to be reviewed on appeal. They were laymen writing a general account of
a judicial transaction. And the omissions in their narratives are not to
be considered as either discrepancies or falsehoods. They simply did not
intend to tell everything about the trial of Jesus; and the fact that
they do not record the successive steps of a regular trial does not mean
that these steps were not observed.
It is respectfully submitted that if a modern layman should write a
newspaper or book account of one of the great criminal trials of this
century, with no intention of making it a strictly judicial report, this
account would not reveal the presence of more essential legal elements
than are disclosed by the reports of the Evangelists of the proceedings
against Jesus.
The majority of writers on the subject express the opinion that the
appearance of the Christ before the Roman governor was nothing more than
a short hearing in which a few questions were asked and answers made;
that the proceedings were exceedingly brief and informal; and that the
emergencies of the case rather than forms of law guided the judgment and
controlled the conduct of Pilate. As a layman, the author of these
volumes would take the same view. But as a lawyer, treating the subject
in a judicial manner, and bound by legal rules, regulations, and
presumptions, in reviewing the merits of the case, he feels constrained
to dissent from the prevalent opinion and to declare that the New
Testament records, though meager in details, exhibit all the essential
elements of an ordinary criminal trial, whether conducted in ancient or
modern times. He further asserts that if the affirmative statements of
the Evangelists that certain things were done be supplemented by the
legal presumption that still other things were done because they should
have been done, and because the record does not affirmatively declare
that they were not done, an almost perfect judicial proceeding can be
developed from the Gospel reports of the trial of Jesus before Pilate.
These reports disclose the following essential elements of all ancient
and modern criminal trials:
1. The Indictment, or _Nominis Delatio_.
"What accusation bring ye against this man?"
"And they began to accuse him, saying, We found this fellow
perverting the nation, and forbidding to give tribute to Cæsar,
saying that he himself is Christ a King."
2. The Examination, or _Interrogatio_.
"Art thou the King of the Jews?"
"Art thou a King then?"
3. The Defense, or _Excusatio_.
Public-domain text, read in full here on John Shaqi.
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