Money trials and trials for life have the same rule of inquiry and investigation. But they differ in procedure in the following points: The former require only three, the latter three-and-twenty judges.

In the former it matters not on which side the judges speak who give the first opinions; in the latter, those who are in favor of acquittal must speak first.

In the former, a majority of one is always enough; in the latter, a majority of one is enough to acquit, but it requires a majority of two to condemn.

In the former, a decision may be quashed on review (for error), no matter which way it has gone; in the latter, a condemnation may be quashed, but not an acquittal.

In the former, disciples of the law present in the court may speak (as assessors) on either side; in the latter, they may speak in favor of the accused, but not against him.

In the former, a judge who has indicated his opinion, no matter on which side, may change his mind; in the latter, he who has given his voice for acquittal may not change.

The former (money trials) are commenced only in the daytime, but may be concluded after nightfall; the latter (capital trials) are commenced only in the daytime, and must also be concluded during the day.

The former may be concluded by acquittal or condemnation on the day on which they have begun; the latter may be concluded on that day if there is a sentence of acquittal, but must be postponed to a second day if there is to be a condemnation. And for this reason capital trials are not held on the day before a Sabbath or a feast day.[167]

The principal features of a Hebrew capital trial before the Great Sanhedrin were: (1) The Morning Sacrifice; (2) the Assembling of the Judges in the Lishkath haggazith, or the Hall of Hewn Stones; (3) the Examination of Witnesses; (4) the Debates and Balloting of the Judges on the guilt or the innocence of the accused. These successive steps will be briefly considered in this chapter.

The Morning Sacrifice.—It is not positively known what legal connection, if any, the morning sacrifice had with the trial of a capital case before the Great Sanhedrin at Jerusalem. Several writers contend that there was no essential legal connection; that the sacrifice was offered at the break of day whether a capital case was to be tried or not; and that the court was not dependent upon this religious observance for jurisdiction in the trial of criminal cases. Other writers hold opposite views, and contend that the morning sacrifice was essential to give jurisdiction to the court. MM. Lémann consider it an error in the trial of Jesus that the morning sacrifice was not offered before the commencement of proceedings.[168] Certain passages from the Mishna very strongly support this second view: that the court could not legally convene until the morning sacrifice had been offered. "The Sanhedrin sat from the close of the morning sacrifice to the time of the evening sacrifice."[169] ... "Since the morning sacrifice was offered at the break of day, it was hardly possible for the Sanhedrin to assemble until an hour after that time."[170] These passages seem to indicate that the morning sacrifice was necessary before the court could legally convene. This question will be found more fully discussed under Point V of the Brief in this volume. The method of offering the morning sacrifice was as judicial in its precision as it was religious in its solemnity.

The Assembling of the Judges.—At the close of the morning sacrifice, the members of the court entered the judgment hall in solemn procession. They took their seats, "turbaned, on cushions or pillows, in oriental fashion, with crossed legs, and unshod feet, in a half-circle."[171] The high priest sat in the center with the other members of the court to the right and left of him. "His head was crowned with a turban of blue inwrought with gold. On his bosom hung the priestly breastplate, in which glittered twelve precious stones, emblems of the twelve tribes of Israel. A flowing robe of blue, gathered about his waist by a girdle of purple, scarlet, and gold embroidery, enveloped his person and set off the pure white linen of his capacious sleeves. The buttons of this costly robe were onyx stones. His slippered feet were half concealed beneath the long fringe of his pontifical vestments, which were curiously embroidered with pomegranates in gold and scarlet and crimson. No Roman Catholic pontiff ever wore robes more resplendent than those in which the high priest was attired on public and state occasions. Immediately before him sat the scribes or clerks of the court. The one on his left hand wrote down whatever testimony was adduced against the accused; what votes were cast for his condemnation. The one on the right transcribed what appeared in his favor."[172]

According to most writers, including Dr. Lyman Abbott, only two scribes were present having seats at each end of the semicircle. According to Benny, however, "three scribes were present; one was seated on the right, one on the left, the third in the center of the hall. The first recorded the names of the judges who voted for the acquittal of the accused and the arguments upon which the acquittal was grounded. The second noted the names of such as decided to condemn the prisoner and the reasons upon which the conviction was based. The third kept an account of both the preceding, so as to be able at any time to supply omissions or check inaccuracies in the memoranda of his brother reporters."

The prisoner was placed in front of the high priest, in a conspicuous position, where he could see all and could be seen by all.

Thus organized and arranged, the Sanhedrin began the work of the day.

Examination of Witnesses.—The examination of witnesses, who were also accusers, marked the beginning of proceedings. It is doubtful if the indictment against criminals was in writing. The first witness who was to testify was led into an adjoining room and solemnly warned. He was asked questions similar to the following: Is it not probable that your belief in the prisoner's guilt is derived from hearsay or circumstantial evidence? In forming your opinions concerning the guilt of the accused, have you or not been influenced by the remarks of persons whom you regard as reputable and trustworthy? Are you aware that you will be submitted to a most searching examination? Are you acquainted with the penalty attached to the crime of perjury?

After this preliminary warning, conveyed in these questions, had been given, the most learned and venerable of the judges administered to the witness the following impressive adjuration:

Forget not, O witness, that it is one thing to give evidence in a trial as to money, and another in a trial for life. In a money suit, if thy witness-bearing shall do wrong, money may repair that wrong. But in this trial for life, if thou sinnest, the blood of the accused, and the blood of his seed to the end of time, shall be imputed unto thee.... Therefore was Adam created one man and alone, to teach thee that if any witness shall destroy one soul out of Israel, he is held by the Scripture to be as if he had destroyed the world; and he who saves one such soul to be as if he had saved the world.... For a man from one signet-ring may strike off many impressions, and all of them shall be exactly alike. But He, the King of the kings of kings, He the Holy and the Blessed, has struck off from His type of the first man the forms of all men that shall live; yet so, that no one human being is wholly alike to any other. Wherefore let us think and believe that the whole world is created for a man such as he whose life hangs on thy words. But these ideas must not deter you from testifying from what you actually know. Scripture declares: "The witness who hath seen or known, and doth not tell, shall bear his iniquity." Nor must ye scruple about becoming the instrument of the alleged criminal's death. Remember the Scriptural maxim: "In the destruction of the wicked, there is joy."

At the close of this solemn exhortation, the examination of the witness commenced. The Hakiroth, seven questions prescribed by law, touching the identity of the prisoner and fixing the elements of time and place, were asked. They were as follows: Was it during a year of jubilee? Was it an ordinary year? In what month? On what day of the month? At what hour? In what place? Do you identify this person?

These questions being satisfactorily answered, the next step was a rigid examination into the facts and circumstances attending the commission of the crime and the connection of the accused therewith. This process of examination and cross-examination was termed the Bedikoth and embraced all questions not included in the Hakiroth which tended to establish the guilt or innocence of the prisoner at the bar.

When the witnesses for the Commonwealth of Israel had been examined, witnesses for the defendant were heard. The accused was also urged to say anything he wished in his own behalf. As we have before pointed out, the Hakiroth questions as to time and place could be rebutted only by establishing an alibi against the witnesses for the state. If such an alibi was proved, the defendant was acquitted and at once discharged. A contributor to the "Jewish Encyclopedia," discussing this point of procedure, says: "It has been shown under Alibi how a 'set' of witnesses may be convicted as 'plotters' by another set or sets proving an alibi on them. But the opposite party may prove an alibi on the convicting set or in some other way show that the facts testified to by the first set were impossible or untrue. Under such circumstances, a modern judge or jury would weigh the credibility of the witnesses and the probability of their stories and decide between them accordingly. The sages did not trust themselves or their successors with this discretion. If there were no indicia or fraud, they held that as some one was evidently lying they could not decide which of them it was, and that there was no evidence on the point."[173] The result was an acquittal.

If material contradictions in the testimony of the witnesses were shown by the Bedikoth, the trial was at once terminated and the accused was free. The failure of any witness to answer satisfactorily any of the seven questions above mentioned entitled the accused to immediate acquittal. Any material disagreement between the two or more witnesses required by the law in answer to any of these questions likewise entitled the prisoner to an immediate discharge. If the prosecuting witnesses relied upon documentary, circumstantial or hearsay evidence to convict, their testimony was at once rejected and the defendant was released.

But if the accused failed to establish an alibi against the prosecuting witnesses in the matter of the Hakiroth; and if the Bedikoth developed evidence fairly consistent and uncontradictory; and if the testimony of the witnesses was purely oral, that is, was not documentary, hearsay or circumstantial, then there was legally admissible evidence to lay before the Sanhedrin. The competent witnesses who could render relevant testimony were then led, one at a time, before the general body and required to testify.

The Debates and Balloting of the Judges.—All the evidence, pro and con, having been adduced, the tribunal began a full discussion of the case, preliminary to casting ballots. Arguments could be begun only on behalf of the accused. Nothing was permitted to be said against him until one of the judges had urged something in his behalf, and had said: "As I view the matter, and according to such and such evidence, it seems to me that the prisoner should be acquitted." The discussion became general for and against the accused. The entire record was then overhauled. Each item of evidence was carefully considered and subjected to the minutest criticism. Contradictions were noted and extenuating facts pleaded. If one of the disciples occupying one of the three rows of seats could offer any cogent or valid reason why the prisoner should not be convicted, he was invited to take his seat among the judges, and was regarded as a member of the court during the remainder of the day. If his argument resulted in the acquittal of the accused and saved a human life he was made a permanent member of the court. On the other hand, if one of the disciples had anything to say that would tend to injure the defendant he was not permitted to raise his voice.

When the entire case had been exhaustively discussed, the argument was closed and the balloting on the guilt or innocence of the accused commenced. The scribes were in readiness to record the votes and note the reasons assigned therefor. The youngest members of the tribunal were required to vote first, in order that they might not be unduly influenced by the example of their seniors in age and authority. The high priest, who was generally president of the Sanhedrin, addressed a gentle admonition to the youngest member, who was never less than forty years of age, to render a free and untrammeled verdict, and not to be awed or influenced by the patriarchs of the court. This admonition was repeated in the case of each youthful member of the tribunal. When the balloting commenced, each judge arose in his place and voted; at the same time making a short speech explanatory of his ballot. To secure a conviction it was not necessary that the members of the Sanhedrin should be unanimous. Indeed a peculiar rule of Hebrew law provided that if the verdict was instantaneous and unanimous it was invalid and could not stand. If the prisoner had not a single friend in court, the element of mercy was wanting in the verdict, said the ancient Hebrews, and the proceedings were regarded in the light of conspiracy and mob violence. A majority vote of at least two members was necessary to convict. A majority vote of one in his favor would acquit. Any majority amounting to two or more that did not reach unanimity was sufficient to condemn. If the accused was tried before a Minor Sanhedrin of three-and-twenty members or before the Great Sanhedrin with a bare quorum (twenty-three members, the same number as the full membership of a Minor Sanhedrin), a vote of thirteen members was necessary, in either case, to convict. If eleven judges were for conviction and twelve for acquittal, the prisoner was discharged at once; a majority of one vote being sufficient for that purpose. If twelve were in favor of conviction and eleven for acquittal, the condemnation of the accused was impossible; a majority of at least two being required to condemn. According to some writers, an acquittal was the result in such a case. According to others, in such a contingency the following novel expedient was employed to reach a verdict: From the first row of disciples two additional judges were selected and added to the original twenty-three members. Balloting then commenced anew. If the vote resulted in a majority of at least two against the prisoner, he stood convicted. If not, two more disciples were added from the first row in front and this process of increasing by twos the number of the Sanhedrin was continued until the requisite majority was secured. If it happened that the constant additions finally raised the number to seventy-one, the membership of the Great Sanhedrin, the process of increasing by twos was discontinued, and final balloting then began. If thirty-six voted for conviction and thirty-five for acquittal, the whole case was reargued for a reasonable time until one of the thirty-six yielded and declared in favor of acquittal. In case the thirty-six members persevered in their determination to convict, the prisoner was discharged.

At any stage of the trial, from the beginning with the three-and-twenty judges through all the successive additions of new members, a majority vote of one or more in favor of the accused would acquit; a majority of two or more, not amounting to unanimity, would convict.

In case of an acquittal the prisoner was immediately released and the trial was closed. In the event of conviction sentence could not be pronounced until the next afternoon and the session of the court was accordingly adjourned until the following day. Upon adjournment the members of the Sanhedrin with measured step and solemn mien left the chamber in which the trial had been conducted. Outside the judgment hall, in the open street, the judges formed themselves into groups or knots of five or six to discuss the trial and to lament the awful misfortune impending over Jerusalem; for such was the Hebrew conception of the execution of a son of Israel. The nucleus of each group was formed of elders of the Sanhedrin; the younger members came up from behind, leaned over between the shoulders of the patriarchs, and listened attentively and devoutly to what they were saying about the case. Gradually the groups broke up and the judges linked arm in arm, by twos, walked slowly homeward, still discussing the facts and arguments adduced at the trial. Finally they parted and retired to their respective homes. No heavy food, like meat, and no intoxicating beverage, were taken for the remainder of the day or during the night. Nothing was done that would incapacitate them for correct thinking. At sunset they began to make calls upon each other for the purpose of examining more carefully and debating more fully the issues of the case. When these visits were concluded, in the early evening, each judge retired to the privacy of his own home to sleep, meditate, and pray. At the dawn of day, they arose and prepared to resume again the solemn responsibilities of their office. The morning sacrifice was offered and the judges again assembled at sunrise in the hall of justice. They reseated themselves in the form of a semicircle; the prisoner was again led to the bar of the court; the witnesses were again produced; and the scribes, bringing with them the minutes of the former meeting, again took seats in their accustomed places.

The second part of the trial then began. It must be remembered that there were two trials of every Hebrew capital case. The second day was not a trial de novo; but was a proceeding in the nature of an appeal and was intended to accomplish a review of the proceedings of the previous day. Additional testimony, however, which had been discovered after the close of the first trial, might be introduced. But the record of facts seems not to have been considered so important as the question of the fixed opinions of the judges. Each member of the Sanhedrin was required, on the second day, to vote again and to declare anew his notions concerning the guilt or innocence of the accused. The statements of each judge were carefully noted by the scribes and compared with his statements at the previous day. If any judge voted for conviction at the second trial and founded his judgment on reasons and arguments radically different from those of the first day, his verdict was rejected. A member who had voted for acquittal on the first day was not permitted to change his vote for conviction on the second day. But one who had voted for condemnation at the first trial, might, by giving valid reasons, vote on the second day for acquittal.[174]

A most striking peculiarity of Hebrew law is to be noted in their method of counting votes and arriving at sums total in favor of or against the accused. Certain peculiar rules were to be strictly applied in determining the ultimate result. When upon examination of the record it was discovered that two or more judges had advanced identical arguments, though each supported his contention by different Biblical citations, their collective opinions were regarded as the common expression of a single mind and all their votes were counted only as one. Father and son, teacher and pupil, being members of the same court, counted also as one, provided their votes and opinions were arrayed on the same side, but not when they were placed in antagonism.[175]

When the balloting was complete the number for and against the prisoner was again announced. If a majority of at least two votes were registered against him he stood convicted a second time. But the humane and indulgent spirit of Hebrew law continued to operate and deferred immediate sentence. The judges continued to deliberate. No one thought of quitting the judgment hall on the second day of the trial. No one ate anything, no one drank anything on this second day; for the day that was to condemn an Israelite to death was to be a fast day for those who condemned him. It was to be a day of prayerful meditation. Ancient maxims of the Fathers, framed for the protection of the accused, were reconsidered. All the merciful tendencies of Talmudic interpretation were invoked and pleaded by the judges, the defenders of the accused. It was hoped that a few hours' time would discover facts favorable to the doomed man. New arguments, it was thought, might be offered and new witnesses might be forthcoming in his behalf. As they continued to deliberate, the fatal hour approached. There was to be no thirty or sixty days, as in America, between sentence and execution, during which time the condemned man could make peace with God. The moment that saw the judgment finally pronounced witnessed the beginning of its execution. Sunset, Nature's symbol of the extinguishment of the light of life, was the time fixed for both.

The death march and the final circumstances attending the execution of a Hebrew prisoner are without parallel in the jurisprudence of the world. As the culprit was led away to his doom, a man, carrying in his hand a flag, was stationed at the entrance of the Sanhedrin Hall. A mounted officer of the court followed the procession at a convenient distance and kept his eyes constantly turned in the direction of the flag bearer on the hill. A herald, carrying aloft a staff from which fluttered a crimson banner, made proclamation to the gazing multitude along the way that a human being was about to be executed. He cried aloud: "AB is to be put to death on the testimony of CD and XY, on such and such a charge. If any man knows anything favorable to the accused, in the name of God let him come forth and speak, in order that the prisoner may be led back to the Sanhedrin Hall to be again confronted and tried by his judges."

If any witness, friend or stranger, came forth to furnish new evidence in favor of the condemned man, the procession was halted and the accused was led back to the Sanhedrin Chamber. If any member of the court still sitting in the hall of judgment bethought himself of any new argument in behalf of the accused that had not been offered at the trial, he arose quickly in his place and stated it to his fellow-judges. The flag at the gate was then waved and the mounted messenger, chosen for such an emergency, saw it waving and galloped forward to stop the execution.

The culprit himself could delay or prevent the accomplishment of the death sentence if he could give to the Rabbins who escorted him any valid reason why he should not be put to death. He was led back as often as he gave any good excuse, not exceeding five times, the number prescribed by law. If no new witnesses appeared and if the prisoner made no further plea for life, the procession proceeded to within a short distance of the place of execution. The convict was then exhorted to declare himself guilty of the crime of which he was charged and to make full confession of all his sins. He was told that a full confession would entitle him to a happy existence beyond this life, since the flood of death would wash away all stains of sin and cleanse the soul of all the iniquities of existence in this world. If the condemned man still refused to confess that he was guilty of the crime with which he was charged, he was then urged to say: "May my death prove an atonement for all my transgressions."

He was then led to the ground of execution. The death draught, consisting of a mixture of frankincense and myrrh, poured into a cup of vinegar or light wine, was then given him. Stupefaction followed, rendering the culprit unconscious of his impending doom and insensible to the agonies of death. In Jerusalem, this benumbing and stupefying mixture was furnished by the Hebrew women, whose tender and merciful regard for the wretched and unfortunate of earth has in all ages been a striking characteristic of the sex. As soon as the draught had been administered the execution took place. The prisoner was either stoned, strangled, burned, or beheaded, according to the nature of his crime. In case of blasphemy or idolatry the dead body was afterwards hung upon a gallows until dusk. But ordinarily the corpse was immediately interred after execution. On the outskirts of every town there were two graveyards for criminals; in one of these those who had been burned or stoned were buried; in the other were interred those who had been hanged or beheaded. As soon as decomposition had taken place—that is, when the flesh had decayed and fallen from the bones—the relatives were allowed to remove the skeleton and to deposit it in the family burial ground.

Soon after the execution the friends and relatives of the dead man made friendly calls upon the judges who had tried and sentenced him. These visits were intended to show that the visitors harbored no feelings of bitterness or revenge against those who, in condemning one of their loved ones to death, had only performed the high and righteous duties of just and honorable judges of Israel.


PART III
THE BRIEF


THE LAST SUPPER (DA VINCI)

THE LAST SUPPER (DA VINCI)


THE BRIEF

A NUMBER of difficult and confusing questions present themselves at the very beginning of any extensive and impartial investigation of the trial of Jesus.

Did the Great Sanhedrin exist at the time of Christ? If it existed, was it still a legally constituted court, having jurisdiction to try capital offenses? Did it have jurisdiction of the particular offense with which Jesus was charged? If the Great Sanhedrin was actually in existence, had criminal jurisdiction in capital cases, and was judicially empowered to try the offense with which Jesus was charged, did it actually try Him? Were the rules of criminal procedure, prescribed in the Mishna and cited in this Brief, in existence and actively in force in Judea at the time of the trial of Jesus? What was the nature of the charge brought against the Christ? Was He guilty as charged? Were forms of law duly observed in the trial of the accusation against Him? Answers to these questions, which will be considered in the Brief in the order above enumerated, will cover the legal aspects of the Hebrew trial of Jesus.

Did the Great Sanhedrin exist at the time of Christ? The answer to this question is of prime importance, since the existence of a court having jurisdiction of the person and subject matter of the suit is a fundamental consideration in all litigation. It is generally supposed that the Hebrew trial of Jesus took place before the Great Sanhedrin in Jerusalem. But many able writers, both Jewish and Gentile, deny that this court had any existence at the time of Christ. In the "Martyrdom of Jesus," Rabbi Wise says: "But this body did positively not exist at the time when Jesus was crucified, having been dissolved 30 A.C. In nowise, then, any passages of the Gospels must be understood to refer to the Great Sanhedrin." Many Jewish and several eminent Gentile authors agree with this contention, which is founded upon a passage in Josephus in which it is declared that King Herod had all the members of the Sanhedrin put to death.[176] It is contended by these writers that the supreme tribunal of the Jews was then abolished and was not restored until subsequent to the crucifixion. Opposed to this assertion, however, is the weight of both reason and authority. Schürer is of the opinion that Josephus did not mean literally "all" (πάντας) when he wrote that Herod had destroyed all the members of the Great Sanhedrin; since in the following book he relates that the same king caused to be put to death the forty-five most prominent members of the party of Antigonus, who must themselves have been members of this court; and forty-five are twenty-six fewer than seventy-one, the full membership of the Great Sanhedrin.[177] The same author asserts the existence and discusses the jurisdiction of this court in the following language: "As regards the area over which the jurisdiction of the Great Sanhedrin extended, it has already been remarked above that its civil authority was restricted, in the time of Christ, to the eleven toparchies of Judea proper. And, accordingly, for this reason it had no judicial authority over Jesus Christ so long as He remained in Galilee. It was only as soon as He entered Judea that He came directly under its jurisdiction."[178]

Again, Salvador, who may be justly styled the Jewish Blackstone, wrote concerning the condemnation of Jesus: "The senate declared that Jesus, son of Joseph, born at Bethlehem, had profaned the name of God in usurping it for himself, a simple citizen. The capital sentence was then pronounced." Now, the word "senate" is properly applied nowhere in literature to any other Hebrew court than the Great Sanhedrin. This High Court of the Jews has been frequently compared to the senate of Rome, to the Areopagus of the Greek and to the parliament of England. It should be noted in this connection that the great Jewish writer not only styled the body that tried Jesus "senate" (Great Sanhedrin) but stated that it pronounced a capital sentence, thus declaring that the supreme tribunal of the Jews not only existed at the time of Jesus but had the right to decree capital punishment.

Edersheim, discussing the alleged abolition of the Sanhedrin by Herod, says: "The Sanhedrin did exist during his reign, though it must have been shorn of all real power, and its activity confined to ecclesiastical or semi-ecclesiastical causes. We can well believe that neither Herod nor the procurators would wish to abolish the Sanhedrin, but would leave to them the administration of justice, especially in all that might in any way be connected with purely religious questions. In short, the Sanhedrin would be accorded full jurisdiction in inferior and in religious matters; with the greatest show, but with the least amount of real rule or of supreme authority."[179] This is a powerful voice in favor of the existence of the supreme tribunal of the Jews at the time of Christ; for Edersheim's "Life and Times of Jesus the Messiah" is the best and most reliable biography of the Savior in any language.

Keim bases his advocacy of the existence of the Sanhedrin at the time of Christ on New Testament authority. "Not only," he says, "does the New Testament speak of Synedria in the time of Jesus and the Apostles, but Jesus Himself, in a well-established utterance, mentions the Synedrion (Sanhedrin) as the highest legally constituted tribunal and as having the right to pass the sentence of death."[180]

The strongest passage in the New Testament supporting the contention of the existence of the Great Sanhedrin at the time of the crucifixion is contained in Acts v. 21: "But the high priest came, and they that were with him, and called the council together, and all the senate of the children of Israel, and sent to the prison to have them brought." Here, the use of the words "high priest," "council," and "senate" in the same connection, strongly suggests, almost accurately describes, the president and members of the Great Sanhedrin; and besides, the words, "sent to the prison to have them brought," indicate that this body was exercising judicial functions.

Again, the utterance of Jesus above referred to by Keim is found in two passages of Matthew. The first is in Chap. xvi. 21: "From that time forth began Jesus to shew unto His disciples, how that He must go unto Jerusalem, and suffer many things of the elders and chief priests and scribes, and be killed and be raised again the third day." The second is in Chap. xx. 18: "Behold, we go up to Jerusalem; and the Son of man shall be betrayed unto the chief priests and unto the scribes, and they shall condemn him to death." The "elders" and "chief priests" and "scribes" were the characteristic constituent elements of the Great Sanhedrin; and the prophecy, "they shall condemn him to death," ascribed to them the highest judicial prerogative, the right of passing the death sentence. In his brilliant essay on the Talmud, Emanuel Deutsch emphatically says: "Whenever the New Testament mentions the 'Priests, the Elders, and the Scribes' together, it means the Great Sanhedrin."[181] It is impossible to refrain from contrasting this statement of a most eminent and learned Jewish writer with that of Rabbi Wise, also very scholarly and pious, "In no wise, then, any passages of the Gospels must be considered to refer to the Great Sanhedrin." Suffice it to say that the weight of authority is with Emanuel Deutsch. And that which seems to conclusively disprove the whole theory of the nonexistence of the Great Sanhedrin at the date of the crucifixion, is the fact that Josephus—whose account of the alleged killing of all the members of the Sanhedrin by Herod is the very basis of the theory—in a subsequent chapter, relating to a subsequent event, describes the summoning of Hyrcanus, former king and high priest, before the Sanhedrin to be tried by them. As a result of the trial, Hyrcanus was put to death.[182] Such a personage could have been tried and condemned only by the Great Sanhedrin, which was in existence subsequent to the alleged destruction of all its members by Herod.

It is believed that enough has been said to show that the contention that the Great Sanhedrin did not exist at the time of Christ is not well founded. As a matter of reason, the mere destruction of the members of the court by Herod did not, of necessity, abolish the court itself. From what we know of the character and policy of Herod, he simply had the members of an old and unfriendly aristocracy put to death in order that he might make room in the court for an entirely new body friendly to him and devoted to his interests. Again, it is entirely improbable that the Roman masters, of whom Herod was but a subject prince and tool, would have permitted the destruction of the most important local institution of a conquered state. The policy of the Romans in this regard is well known. Whenever it was consistent with the dignity and safety of the Roman empire, local institutions were allowed to remain intact and undisturbed. We are not aware of any good historical reason why the Great Sanhedrin, the national parliament, and the supreme tribunal of the Jews, should have been abolished thirty years before Christ, as Rabbi Wise and other eminent scholars and theologians have contended. After all, it seems to be more a matter of dogma than of history. The majority of Jewish writers rest their case upon Josephus, with their peculiar construction of the passage; the majority of Christian writers quite naturally prefer the New Testament. But the line is not closely drawn. Dr. Geikie, the eminent Gentile author, supports the Jewish opinion, without reference, however, to the passage in Josephus. On the other hand, Salvador, Edersheim, and Deutsch, all writers of Jewish blood, support the Christian contention.

The assertion of Graetz that Jesus was arraigned before one of the Minor Sanhedrins,[183] of which there were two in Jerusalem, is not to be taken seriously, since these minor courts had no jurisdiction of the crime with which Jesus was charged.[184] It is very evident from the weight of authority that Jesus was tried before the Great Sanhedrin, and that this court had authority to pass sentence of death. Upon this theory, the author will proceed in framing the Brief.

Did the Great Sanhedrin have jurisdiction to try capital offenses at the time of the crucifixion? This question, involving great difficulty and much confusion in discussing the trial of Jesus, arises from the divergent opinions of Bible scholars as to the exact legal and political status of the Jews at the time of Christ. Many concede the existence of the Great Sanhedrin at this time, but insist that it had been shorn of its most important judicial attributes; that the right to try capital cases had been wholly taken from it; and that it retained the legal right to try only petty crimes and religious offenses not involving the death penalty. The Jews contend, and indeed the Talmud states that "forty years before the destruction of the Temple the judgment of capital causes was taken away from Israel." The great weight of authority, however, is registered against this view. The New Testament teachings on the subject have just been discussed in the beginning of the Brief. The opinion generally held by Bible scholars is that the Great Sanhedrin continued to exist after the Roman conquest of Judea and after the time of Herod; that its legislative, executive, and judicial powers remained substantially unimpaired in local matters pertaining to the internal affairs of the Jews; and that the Roman representatives intervened only when Roman interests required and the sovereignty of the Roman State demanded. The question of sovereignty presented itself, indeed, whenever the question of life and death arose; and Rome reserved to herself, in such cases, the prerogative of final judicial determination. Both Renan and Salvador hold the view that the Sanhedrin had the right of initiative, the cognitio causæ; that is, the right to try the case. In the event of the acquittal of the accused the matter was finally ended without Roman interference, but in case of conviction the Roman legate or procurator certainly might review and probably was required to review the matter, and either affirm or reverse the sentence. This is the prevalent opinion among the best writers; and is plausible because it is at once consistent with the idea of the maintenance of Roman sovereignty and of the preservation of the local government of the Jews. However, many able writers, among them Rosadi and Dupin, assert that the Jews had lost the right, by virtue of Roman conquest, even to try capital cases. And it must be admitted that the logic of law is in their favor, though the facts of history and the weight of authority are against them.

Did the Great Sanhedrin have jurisdiction of the particular offense with which Jesus was charged? Admitting the existence of the Great Sanhedrin at the time of Christ, and its right to initiate and try proceedings in capital cases with reference to Roman authority, had it jurisdiction, under Hebrew law, of the special accusation against Christ? On this point there is little difference of opinion. Jesus was brought before the Sanhedrin on the charges of sedition and blasphemy, both of which crimes came within the cognizance of the supreme tribunal of the Jews.[185]

Was there a regular legal trial of Jesus before the Great Sanhedrin? Admitting that this court was in existence at the time of Christ, that it had competence, with reference to Roman authority, to try capital cases, and that it had jurisdiction under Hebrew law of the crime with which Jesus was charged, did it actually conduct a regular, formal trial of the Christ? Many able critics give a negative answer to this inquiry. Jost, one of the greatest and most impartial of Jewish historians, designates the crucifixion of Jesus "a private murder (Privat-Mord) committed by burning enemies, not the sentence of a regularly constituted Sanhedrin."[186] Edersheim supports this view as to the nature of the trial.[187]

A certain class of writers base their objection to a regular trial on the ground of the nonexistence of the Great Sanhedrin at the time of Christ. If this court did not exist, they say, there could not have been any regular judicial proceeding, since this body was the only Hebrew tribunal that had jurisdiction to try the offense with which Jesus was charged. Others, who hold similar views, maintain that the errors were so numerous and the proceedings so flagrant, according to the Gospel account, that there could have been no trial at all, and that it was simply the action of a mob. These writers contend that the members of the Sanhedrin acted more like a vigilance committee than a regularly organized tribunal. Of this opinion is Dr. Cunningham Geikie.

Still another class of critics insist that the Hebrew judges exercised only accusatory functions, and that the examination of Jesus at night was merely preparatory to charges to be presented to Pilate.

Others still apparently reverse the order, and insist that the Hebrew trial was the only one; that the duty of Pilate was merely to review, sanction, and countersign the verdict of the Sanhedrin. Of this class is Renan, who says: "The course which the priests had resolved to pursue in regard to Jesus was quite in conformity with the established law. The plan of the enemies of Jesus was to convict him, by the testimony of witnesses and by his own avowals, of blasphemy and of outrage against the Mosaic religion, to condemn him to death according to law, and then to get the condemnation sanctioned by Pilate."[188] Salvador and Stapfer agree with Renan that the Hebrew trial was regular and that the proceedings were legal. On the other hand, Rosadi, Dupin, Keim and many others denounce the proceedings in the trial of Jesus as outrageously illegal.

As to the number of trials, the authorities above cited seem to be exceptions to the rule. By far the greater number contend that there were two distinct trials: a Hebrew and a Roman, separate and yet dependent. The opinion of this class of writers is most clearly expressed by Innes, who says: "Whether it was legitimate or not for the Jews to condemn for a capital crime on this occasion, they did so. Whether it was legitimate or not for Pilate to try over again an accused whom they had condemned, on this occasion, he did so. There were certainly two trials."[189] This is the view of the writer of these pages; and he has, accordingly, divided the general subject into two trials, devoting a volume of the work to each. It may be answered, then, that there was a regular trial of Jesus before the Great Sanhedrin. The relation of this trial to the Roman proceeding will be more fully discussed in the second volume of this treatise.

Were the rules of criminal procedure prescribed in the Mishna and cited in this Brief, in existence and actively in force in Judea at the time of the trial of Jesus? This question has been answered in the negative by several writers of repute. Others have answered that the matter is in doubt. But it is very generally agreed that an affirmative answer is the proper one. Out of this question, two others arise: (1) Were the rules of criminal law, herein cited, obsolete at the time of the crucifixion? (2) Were they the legal developments of an age subsequent to that great event? In either case, their citation, in this connection, is without reason or justification.

It is a sufficient answer to the first of these questions that none of the standard works on Hebrew criminal law classes any of the rules herein stated as obsolete at the time of Christ. In support of a negative answer to this question, it may be urged that all of the aforesaid rules were the essential elements of an enlightened and humane criminal procedure in capital cases at the date of the crucifixion.

The answer to the second question above suggested is a more serious matter. It is historically true that the Mishna was not reduced to writing until two hundred years after the beginning of our era. The Jerusalem Talmud was not redacted until 390 A.D.; and the Babylonian Talmud, about 365-427 A.D. The question at once arises: Were the rules of criminal procedure, which we have herein invoked in the discussion of this case, the growth of the periods intervening between the crucifixion of Jesus and these dates? Two valid reasons give a negative answer to this question. In the first place, the criminal rules applied in the Brief are in nearly every case traceable to Mosaic provisions which were framed more than a thousand years before the trial of Jesus. In the second place, they could not have been the developments of a time subsequent to the crucifixion, because less than forty years, a single generation, intervened between that event and the fall of Jerusalem, which was followed by the destruction of Jewish nationality and the dispersion of the Jews. This short interval was a period of national decay and disintegration of the Jewish people and could not have been, under Roman domination, a formative period in legal matters. After the fall of Jerusalem, the additions and developments in Hebrew law were more a matter of commentary than of organic formation—more of Gemara than of Mosaic or Mishnic growth. The decided weight of authority, then, as well as the greater reason, is in favor of the proposition that the Hebrew criminal law had reached its full development and was still in active force at the time of which we write.

What was the nature of the charge brought against Christ at the trial before the Sanhedrin? Was He guilty as charged? The questions preceding these were secondary, though important. If the Great Sanhedrin did not exist at the time of Christ, we are forced to believe and admit that the men who arrested and examined Jesus at night were nothing more than an irresponsible rabble, acting without judicial authority or legal excuse. If it was without criminal jurisdiction, though in existence, we have erroneously spoken of a Hebrew trial. If the rules of criminal procedure which we have invoked were not in existence at the time of the crucifixion, we have proceeded upon a false hypothesis. Fortunately, the weight of authority, in every case, is so overwhelmingly in our favor, and our contention is, in each case, so well founded in reason, that we feel justified in now proceeding to a discussion of the real merits of the case, involved in answers to the questions: What was the nature of the charge or charges brought against Jesus at the Hebrew trial? Was He guilty as charged?

The accusations against Christ were numerous, both in and out of court; and it will help to simplify matters and to arrive at a clear understanding, if, in the very beginning, the distinction be made and held in mind between judicial and extra-judicial charges. By judicial charges are meant those made at the time of the examination of Jesus by the Sanhedrin, assembled at night in the palace of Caiaphas. By extra-judicial charges are meant those made out of court at divers times and places in Jerusalem, Galilee, and elsewhere by the accusers of the Christ, and especially by the spies who dogged His footsteps during the last days of His ministry on earth. Ordinarily, it would be proper, in a work of this kind, to consider only charges made after the trial of the accused had begun, and jeopardy had attached. All others are extra-judicial and are entitled to only passing notice. It would be proper to omit them altogether, if they did not serve to throw much light upon the specific charges at the trial. An excellent summary of the extra-judicial charges brought against Jesus at various times in His career, is given in Abbott's "Jesus of Nazareth," p. 448: "It was charged that He was a preacher of turbulence and faction; that He flattered the poor and inveighed against the rich; that He denounced whole cities, as Capernaum, Bethsaida, Chorazin; that He gathered about Him a rabble of publicans, harlots, and drunkards, under a mere pretense of reforming them; that He subverted the laws and institutions of the Mosaic commonwealth, and substituted an unauthorized legislation of His own; that He disregarded not only all distinctions of society, but even those of religion, and commended the idolatrous Samaritan as of greater worth than the holy priest and pious Levite; that, though He pretended to work miracles, He had invariably refused to perform them in the presence and at the request of the Rabbis of the Church; that He had contemned the solemn sanctions of their holy religion, had sat down to eat with publicans and sinners with unwashen hands, had disregarded the obligations of the Sabbath, had attended the Jewish feasts with great irregularity or not at all, had declared that God could be worshiped in any other place as well as in His Holy Temple, had openly and violently interfered with its sacred services by driving away the cattle gathered there for sacrifice."

These different charges were doubtless present in the minds and hearts of the members of the Sanhedrin at the time of the trial, and probably influenced their conduct and entered into their verdict. But only one or two of these accusations can be said to have any direct connection with the record in this case, and, consequently, can be only indirectly considered in discussing its merits.

We come now to examine the actual charges made at the night trial before the Sanhedrin. The subsequent charges before Pilate have no place in this volume. A review of the proceedings at the time of the examination in the palace of Caiaphas reveals two distinct charges: one preferred by witnesses who had been summoned by the Sanhedrin, the other preferred by Caiaphas himself.

First, according to Matthew, "At the last came two false witnesses, and said, This fellow said, I am able to destroy the temple of God, and to build it in three days."[190] The same testimony is thus reported by Mark: "And there arose certain, and bare false witness against him, saying, We heard him say, I will destroy this temple that is made with hands, and within three days, I will build another made without hands."[191] Luke and John do not discuss the night trial before the Sanhedrin, and therefore make no reference to the charges brought forward by the false witnesses. The second accusation made against Jesus is that by Caiaphas himself, who embodies his charge in the form of an oath or adjuration which he administered to the accused: "I adjure thee by the living God that thou tell us whether thou be the Christ, the Son of God." Then came the confession and condemnation. "Jesus said unto him, Thou hast said: nevertheless I say unto you, Hereafter shall ye see the Son of man sitting on the right hand of power, and coming in the clouds of heaven. Then the high priest rent his clothes, saying, He hath spoken blasphemy; what further need have we of witnesses? behold, now ye have heard his blasphemy. What think ye? They answered and said, He is guilty of death."[192]

These few words of Scripture are the essential parts of the record of fact of the most awful trial in the history of the universe. An analysis of the evidence shows the existence of two distinct charges: that preferred by the false witnesses, accusing Jesus of sedition; and that of blasphemy made by Caiaphas himself.

Concerning the testimony adduced in support of the first charge, Mark says: "For many bare false witness against him, but their witness agreed not together."[193] Now, we have seen that the concurrent testimony of at least two witnesses, agreeing in all essential details, was necessary to sustain a conviction under Hebrew law. If one witness against the accused contradicted any other witness against the accused, all were rejected. Under this rule of law, when "their witness agreed not together," according to Mark, the charge of sedition was abandoned, and the accusation of blasphemy then followed, which resulted in a confession and condemnation. Later on, in another place, we shall discuss the illegality of a double accusation, in the same breath and at the same trial. But at this point we have no further interest in the abandoned charge, except to say that the false witnesses, in their ignorance and blindness, failed to grasp the Master's allegorical language in reference to the destruction of the Temple. Their worldly-mindedness and purely physical conception of things centered their thoughts upon the Temple at Jerusalem, and gave a purely temporal and material interpretation to His words. "Forty and six years was this temple in building, and wilt thou rear it again in three days?"[194] This question asked by the original auditors, shows a total misconception of the true meaning of the language of Jesus. The spiritual allusion to the resurrection of His own body seems never to have penetrated their thoughts. Then, again, their general statement was, in effect, an absolute misrepresentation. By perverting His language, He was made to utter a deliberate threat against a national institution, around which clustered all the power, sanctity, and glory of the Hebrew people. He was made to threaten the destruction of the Temple at Jerusalem. But it is most reasonable to infer from the entire evidence as contained in the Sacred Writings that the words imputed to Jesus by the false witnesses were not those which He actually used. In reality, He did not say: "I can destroy," or "I will destroy"; but, simply, "Destroy." "Destroy this temple, and in three days I will raise it up."[195] This is evidently a purely hypothetical expression and is equivalent to "Supposing you destroy this temple." St. John, in whose presence, it seems, this language was used, correctly interprets the Savior's meaning when he says: "He spake of the temple of his body."[196]

The evidence of the false witnesses was so contradictory that even wicked judges were forced to reject it and to conduct the prosecution on another charge.

We come now to consider more closely the real accusation upon which Jesus was condemned to death. At first glance, there seems to be no difficulty in determining what this accusation was, since the Gospel record specifically mentions the crime of blasphemy. It was for this offense that Caiaphas pronounced judgment against Jesus with the unanimous approval of his fellow-judges. "Then the high priest rent his clothes and saith, What need we any further witnesses? ye have heard the blasphemy: what think ye? and they all condemned him to be guilty of death." But what had they heard that constituted blasphemy? Nothing more than His own confession that He was "the Christ, the Son of God." This seems simple enough upon its face; but a vast mass of acrimonious discussion has resulted from these few passages of the Scripture. The main difficulty turns upon the meaning of the word "blasphemy," as used by the high priest in passing condemnation upon Jesus. The facts adduced at the trial, or rather the facts suggested by the oath or adjuration addressed to Jesus, as to whether or not He was "Christ, the Son of God," did not, in the opinion of many, constitute blasphemy under the definition of that term given in the Mosaic Code and interpreted by the Rabbinic writers whose opinions have been embodied in commentaries upon the Mishna. Eminent Jewish writers have ridiculed the idea of attempting to make a case of blasphemy out of a mere claim of being a "Son of God." Rabbi Wise, in "The Martyrdom of Jesus," has very tersely stated the Jewish position on the subject. "Had Jesus maintained," he says, "before a body of Jewish lawyers to be the Son of God, they could not have found him guilty of blasphemy, because every Israelite had a perfect right to call himself a son of God, the law (Deut. xiv. 1) stating in unmistakable words, 'Ye are sons of the Lord, your God.' When Rabbi Judah advanced the opinion, 'If ye conduct yourselves like the sons of God, ye are; if not, not,' there was Rabbi Mair on hand to contradict him: 'In this or in that case, ye are the sons of the Lord your God.' No law, no precedent, and no fictitious case in the Bible or the rabbinical literature can be cited to make of this expression a case of blasphemy. The blasphemy law is in Leviticus (xxiv. 15-20), which ordains, 'If any man shall curse his God (i.e., by whatever name he may call his God), he shall bear his sin,' but the law has nothing to do with it, dictates no punishment, takes no cognizance thereof. 'But he who shall curse the name of Jehovah, he shall surely be put to death,' be the curser native or alien. Another blasphemy law exists not in the Pentateuch. The ancient Hebrews expounded this law, that none is guilty of blasphemy in the first degree, unless he curses God himself by the name of Jehovah; or, as Maimonides maintains, by the name Adonai. The penalty of death is only threatened in the first degree. The Mishna states expressly as the general law, 'The blasphemer is not guilty, unless he (in cursing the Deity) has mentioned the name itself' (of Jehovah or Adonai), so that there can be no doubt whatever that such was the law in Israel. It is clear that the statements made by Mark, in the name of Jesus, had nothing in the world to do with the blasphemy laws of the Jews."[197]

Rabbi Wise was concededly an able and accomplished theologian; and in a general way the above extract states the truth. But it does not state the whole truth, and in one or two places is certainly erroneous. Leviticus xxiv. 15-20 is undoubtedly the blasphemy statute of the Mosaic Code. But Mr. Wise was assuredly wrong when he stated that "another blasphemy Law exists not in the Pentateuch." For, if this were a correct statement, other eminent Jewish authorities, as well as many Gentile authors, would be all at sea. Besides, the New Testament use of the word "blasphemy," in many places, would only serve to illustrate the dense ignorance of the Jews of the time of Jesus as to the meaning of the term, if the author of "The Martyrdom of Jesus" were right.

In this connection, let us now consider another Jewish authority, as able and even more famous than the one just cited. In Salvador's celebrated treatise entitled "Histoire des Institutions de Moïse," he devotes a chapter to the question of the judgment and condemnation of Jesus. Touching the nature of the charge against Christ and the real cause of His conviction, he says: "But Jesus, in presenting new theories and in giving new forms to those already promulgated, speaks of himself as God; his disciples repeat it; and the subsequent events prove in the most satisfactory manner that they thus understood him. This was shocking blasphemy in the eyes of the citizens: the law commands them to follow Jehovah alone, the only true God; not to believe in gods of flesh and bones, resembling men or women; neither to spare or listen to a prophet who, even doing miracles, should proclaim a new god, a god neither they nor their fathers had known. The question already raised among the people was this: Has Jesus become God? But the Senate having adjudged that Jesus, son of Joseph, born in Bethlehem, had profaned the name of God by usurping it to himself, a mere citizen, applied to him the law in the 13th Chapter of Deuteronomy and the 20th verse in Chapter 18, according to which every prophet, even he who works miracles, must be punished when he speaks of a god unknown to the Jews and their fathers: the capital sentence was pronounced."

Here we have the doctors divided; Wise saying that "another blasphemy law exists not in the Pentateuch," and Salvador contending that Jesus was legally convicted of blasphemy under the Mosaic Law as it was laid down, not in Leviticus xxiv. 15-20, but in Deuteronomy xiii.

The law in Deuteronomy is peculiarly impressive in its relationship to the charges against Jesus.

"If there arise among you a prophet, or a dreamer of dreams, and giveth thee a sign or a wonder, And the sign or the wonder come to pass, whereof he spake unto thee, saying, Let us go after other gods, which thou hast not known, and let us serve them; Thou shalt not hearken unto the words of that prophet, or that dreamer of dreams: for the Lord your God proveth you, to know whether ye love the Lord your God with all your heart and with all your soul. Ye shall walk after the Lord your God, and fear Him, and keep His commandments, and obey His voice, and ye shall serve Him, and cleave unto Him. And that prophet, or that dreamer of dreams, shall be put to death; because he hath spoken to turn you away from the Lord your God, which brought you out of the land of Egypt and redeemed you out of the house of bondage, to thrust thee out of the way which the Lord thy God commanded thee to walk in."[198]

The position of Rabbi Wise cannot be defended by trying to identify this passage with the one in Leviticus. The law in Deuteronomy has reference to that form of blasphemy which is nearly identical with idolatry, that is, seducing the people from their allegiance to Jehovah, and inducing them to go off after strange gods. The law in Leviticus applies peculiarly to profane epithets and to curses hurled at Jehovah Himself.

Again, Rabbi Wise ridicules the notion that Caiaphas and the Sanhedrists attempted to twist the use of the words "Son of God" into a crime. He is right when, quoting Deuteronomy xiv. 1, he says that "every Israelite had a perfect right to call himself a son of God." But here again the eminent theologian has stopped short of the entire truth. It is not at all probable that he would have contended that "every Israelite had a perfect right to call himself the son of God" in the sense of being equal with God Himself. Should reply be made that such would be an unwarranted construction of Christ's confession that he was "the Christ, the Son of God," then the opinion of Salvador would be again invoked. In a note to the "Jugement de Jesus," he says: "I repeat that the expression 'Son of God' includes here the idea of God Himself."

We are not in a position, nearly two thousand years after the event occurred, to tell exactly what was in the mind of Caiaphas at the time. But, in view of the condemnation which he passed, and of the language which he used in passing it, we are certainly justified in supposing that he deliberately and designedly connected the two titles—"the Christ" and "the Son of God"—to see if Jesus would assume responsibility for both, or if He would content himself with the simple appellation, "son of God," to which every pious Israelite was entitled. The reply of Jesus, "Thou hast said," meaning "I am" the Christ, the Son of God, was an affirmation of His identity with the Father. The condemnation for blasphemy immediately followed. Such a sentence would have been inconsistent with any other theory than the assumption that Jesus had claimed equality with God, or had arrogated to Himself power and authority which belonged alone to Jehovah. This definition of blasphemy is certainly different from that laid down in Leviticus xxiv. 15-20.

As a matter of history, it is really true that both the Old and New Testaments reveal not only the existence of more than one blasphemy statute in the Mosaic Code, but also more than one conception and definition of blasphemy at different periods in the development of the Hebrew people.

In II Samuel xii. 14 the word "blaspheme" is used in the sense "to despise Judaism." In I Macc. ii. 6 blasphemy means "idolatry." In Job ii. 5; II Kings xix. 4-6; Hosea vii. 16, the term indicates "reproach," "derision."

Not only might God be blasphemed, but the king also, as his representative. The indictment against Naboth was: "Thou didst blaspheme God and the king."[199] The people of Jehovah and his Holy Land might also become victims of blasphemy.[200]

The New Testament writers frequently charge the Jews with blaspheming Jesus, when they use insulting language toward Him, or deny to Him the credit that is His due.[201]

In Revelation, St. John tells that he "saw a beast rise up out of the sea, having seven heads and ten horns, and upon his horns ten crowns, and upon his heads the name of blasphemy. And he opened his mouth in blasphemy against God, to blaspheme his name, and his tabernacles, and them that dwell in heaven."[202] This beast was the symbolical Antichrist, and his blasphemy was simply the treasonable opposition of the antichristian world to God and His kingdom.

A comprehensive meaning of "blasphemy," in the various senses above suggested, is conveyed by the definition of the term "treason" under the governments of Gentile commonwealths. A single statute, 25 Edw. iii. c. 2, defines seven different ways of committing treason against the king of England.[203] The lex Julia majestatis, promulgated by Augustus Cæsar, was a single statute which comprehended all the ancient laws that had previously been enacted to punish transgressors against the Roman State.[204] There was no particular statute, as Rabbi Wise would have us believe, among the ancient Hebrews, that defined all forms of blasphemy against Jehovah. But a very clear notion of the various phases of blasphemy may be had if we will keep in mind the various definitions of treason under modern law.

It should not be forgotten that the ancient Hebrew Commonwealth was a pure theocracy; that Jehovah was king; that priests, prophets, and people were merely the subjects and servants of this king; that its government and its institutions were the products of his brain; and that the destinies of the people of Israel, the "chosen seed," were absolutely in his keeping and subject to his divine direction and control. It should also be remembered that the God of Israel was a most jealous God; that the greatest irritant of His wrath was any encroachment upon His rights as ruler of men and creator of the universe; that for the protection of His sovereignty, He had proclaimed to His people through His servant Moses the most stringent statutes against any profanation of His name or disloyalty to His person. The Decalogue was the great charter of Jehovah for the government of His children. The first three commandments were special statutes intended to excite their gratitude and insure their attachment. He reminds them of the circumstances of their deliverance, and warns them, under severe penalty, against going off after strange gods.

But, not content with these, He had still other statutes proclaimed, furnishing safeguards against idolatry and insuring loyalty to His person.[205] At the time of the establishment of the Hebrew theocracy, idolatry was everywhere to be found. Not only were the neighboring peoples worshipers of idols, but the Israelites themselves were prone to idolatry and to running off after strange gods. The worship of the Golden Calf is a familiar illustration of this truth. Thus the Commonwealth of Jehovah was threatened not only with idolatrous invasion from without but with idolatrous insurrection from within. Hence the severity of the measures adopted for the protection of His kingdom, His person, and His name, not only against idolaters but against necromancers, witches, sorcerers, and all persons who pretended to supernatural powers that did not proceed directly from Jehovah Himself. The enforcement of and obedience to these various statutes required an acknowledgment of the power and authority of Jehovah in every case where prophecies were foretold, wonders worked, and supernatural powers of any kind exhibited. And throughout the Sacred Scriptures, in both the Old and New Testaments, we find traces of the operation of this law. Sometimes it is an instance of obedience, as when Pharaoh wanted to credit Joseph with the power of interpreting dreams. "And Joseph answered Pharaoh, saying, It is not in me: God shall give Pharaoh an answer of peace."[206] At other times, it is an act of disobedience. To satisfy the thirsty multitude Moses smote the rock and brought forth water at Meribah. But instead of giving the Lord credit for the act, Moses claimed it for Aaron and himself, saying, "Hear now, ye rebels: must we fetch you water out of this rock?" Whereupon Jehovah grew very angry and said to Moses and Aaron: "Because ye believe me not, to sanctify me in the eyes of the children of Israel, therefore ye shall not bring this congregation into the land which I have given them."[207] As punishment for this blasphemous conduct, neither Moses nor Aaron was permitted to enter the Promised Land.[208] And that this omission to give due acknowledgment to the Lord for the miraculous flow of water was treasonable or blasphemous under the wider interpretation of the term, cannot be doubted.