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Before Annas and Caiaphas by Alfred Edersheim

THE CROSS AND THE CROWN
THURSDAY NIGHT, BEFORE ANNAS AND CAIAPHAS, PETER AND JESUS.
By Alfred Edersheim
(St. John xviii. 12-14; St. Matt. xxvi. 57, 58; St. Mark xiv. 53, 54; St. Luke
xxii. 54, 55; St. John xviii. 24, 15-18; St. John xviii. 19-23; St. Matt.
xxvi. 69, 70; St. Mark xiv. 66-68; St. Luke xxii. 56, 57; St. John xviii. 17, 18;
St. Matt. xxvi. 71, 72; St. Mark xiv. 69, 70; St. Luke xxii. 58; St. John xviii.
25; St. Matt. xxvi. 59-68; St. Mark xiv. 55-65; St. Luke xxii. 67-71, 63-65;
St. Matt. xxvi. 73-75; St. Mark xiv. 70-72; St. Luke xxii. 59-62; St. John
xviii. 26, 27.)
IT was not a long way that they led the bound Christ. Probably through the
same gate by which He had gone forth with His disciples after the Paschal Supper,
up to where, on the slope between the Upper City and the Tyropoeon, stood the
well-known Palace of Annas. There were no idle saunterers in the streets of
Jerusalem at that late hour, and the tramp of the Roman guard must have been too
often heard to startle sleepers, or to lead to the inquiry why that glare of
lamps and torches. and Who was the Prisoner, guarded on that holy night by both
Roman soldiers and servants of the High-Priest.
If every incident in that night were not of such supreme interest, we might
dismiss the question as almost idle, why they brought Jesus to the house of
Annas, since he was not at that time the actual High-Priest. That office now
devolved on Caiaphas, his son-in-law, who, as the Evangelist significantly reminds us,
[a St. John xviii. 14.] had been the first to enunciate in plain words what
seemed to him the political necessity for the judicial murder of Christ. [b xi.
50.] There had been no pretence on his part of religious motives or zeal for
God; he had cynically put it in a way to override the scruples of those old
Sanhedrists by raising their fears. What was the use of discussing about forms of Law
or about that Man? it must in any case be done; even the friends of Jesus in
the Council, as well as the punctilious observers of Law, must regard His Death
as the less of two evils. He spoke as the bold, unscrupulous, determined man
that he was; Sadducee in heart rather than by conviction; a worthy son-in-law of
Annas.
No figure is better known in contemporary Jewish history than that of Annas;
no person deemed more fortunate or successful, but none also more generally
execrated than the late High-Priest. He had held the Pontificate for only six or
seven years; but it was filled by not fewer than five of his sons, by his
son-in-law Caiaphas, and by a grandson. And in those days it was, at least for one of
Annas' disposition, much better to have been than to be High-Priest. He enjoyed
all the dignity of the office, and all its influence also, since he was able
to promote to it those most closely connected with him. And, while they acted
publicly, he really directed affairs, without either the responsibility or the
restraints which the office imposed. His influence with the Romans he owned to
the religious views which he professed. to his open partisanship of the
foreigner, and to his enormous wealth. The Sadducean Annas was an eminently safe
Churchman, not troubled with any special convictions nor with Jewish fanaticism, a
pleasant and a useful man also who was able to furnish his friends in the
Praetorium with large sums of money. We have seen what immense revenues the family of
Annas must have derived from the Temple-booths, and how nefarious and unpopular
was the traffic. The names of those bold, licentious, unscrupulous, degenerate
sons of Aaron were spoken with whispered curses. [a Pes. 57 a.] Without
referring to Christ's interference with that Temple-traffic, which, if His authority
had prevailed, would, of course, have been fatal to it, we can understand how
antithetic in every respect a Messiah, and such a Messiah as Jesus, must have
been to Annas. He was as resolutely bent on His Death as his son-in-law, though
with his characteristic cunning and coolness, not in the hasty, bluff manner of
Caiaphas. It was probably from a desire that Annas might have the conduct of the
business, or from the active, leading part which Annas took in the matter;
perhaps for even more prosaic and practical reasons, such as that the Palace of
Annas was nearer to the place of Jesus' capture, and that it was desirable to
dismiss the Roman soldiery as quickly as possible, that Christ was first brought
to Annas, and not to the actual High-Priest.
In any case, the arrangement was most congruous, whether as regards the
character of Annas, or the official position of Caiaphas. The Roman soldiers had
evidently orders to bring Jesus to the late High-Priest. This appears from their
proceeding directly to him, and from this, that apparently they returned to
quarters immediately on delivering up their prisoner. [1 No further reference
whatever is made to theRoman guard.] And we cannot ascribe this to any official
position of Annas in the Sanhedrin, first, because the text implies that it had not
been due to this cause, [1 We read (St. John xviii. 13):'For he was
father-in-law to Caiaphas.'] and, secondly, because, as will presently appear, the
proceedings against Christ were not those of the ordinary and regular meetings of the
Sanhedrin.
No account is given of what passed before Annas. Even the fact of Christ's
being first brought to him is only mentioned in the Fourth Gospel. As the
disciples had all forsaken Him and fled, we can understand that they were in ignorance
of what actually passed, till they had again rallied, at least so far, that
Peter and 'another disciple,' evidently John, 'followed Him into the Palace of the
High-priest', that is, into the Palace of Caiaphas, not of Annas. For as,
according to the three Synoptic Gospels, the Palace of the High-Priest Caiaphas was
the scene of Peter's denial, the account of it in the Fourth Gospel [a St.
John xviii. 15-18.] [2 And hence also that of thetwo disciples following Christ.]
must refer to the same locality, and not to the Palace of Annas, while the
suggestion that Annas and Caiaphas occupied the same dwelling is not only very
unlikely in itself, but seems incompatible with the obvious meaning of the notice,
[b ver. 24.] 'Now Annas sent Him bound unto Caiaphas the High-Priest.' But if
Peter's denial, as recorded by St. John, is the same as that described by the
Synoptists, and took place in the house of Caiaphas, then the account of the
examination by the High-Priest, [c St. John xviii. 19-23.] which follows the notice
about Peter, must also refer to that by Caiaphas, not Annas. [3 In this
argument we lay little stress on the designation, 'High-Priest,' which St. John (ver.
19) gives to the examiner of Christ, although it is noteworthy that he
carefully distinguishes between Annas and Caiaphas, marking the latter as 'the
High-Priest' (vv. 13, 24). We thus know absolutely nothing of what passed in the house
of Annas, if, indeed, anything passed, except that Annas sent Jesus bound to
Caiaphas. [4 According to our argument, St. John xviii. 24 is an intercalated
notice, referring to what had previously been recorded in vv. 15-23. To this two
critical objections have been raised. It is argued, that as is in the aorist,
not pul-perfect, the rendering must be, 'Annas sent,' not 'had sent Him.' But
then it is admitted, that the aorist is occasionally used for the pluperfect.
Secondly, it is insisted that, according to the better reading, should be inserted
after which Canon Westcott renders: 'Annas therefore sent Him.' But
notwithstanding Canon Westcott's high authority, we must repeat the critical remark of
Meyer, that there are 'important witnesses' against as well as for the insertion
of , while the insertion of other particles in other Codd. seems to imply that
the insertion here of any particle was a later addition.
On the other hand, what seem to me two irrefragable arguments are in favour of
the retrospective application of ver. 24. First, the preceding reference to
Peter's denial must be located in the house of Caiaphas. Secondly, if vv. 19-23
refer to an examination by Annas, then St. John has left us absolutely no
account of anything that had passed before Caiaphas, which, in view of the narrative
of the Synoptists, would seem incredible.
Of what occurred in the Palace of Caiaphas we have two accounts. That of St.
John [a St. John xviii. 19-23.] seems to refer to a more private interview
between the High-Priest and Christ, at which, apparently, only some personal
attendants of Caiaphas were present, from one of whom the Apostle may have derived his
information. [1 Canon Westcott supposes that the Apostle himself was present
in the audience chamber. But, although we readily admit that John went into the
house, and was as near as possible to Christ, many reasons suggest themselves
why we can scarcely imagine John to have been present, when Caiaphas inquired
about the disciples and teaching of Jesus.] The second account is that of the
Synoptists, and refers to the examination of Jesus at dawn of day [b St. Luke
xxii. 66.] by the leading Sanhedrists, who had been hastily summoned for the
purpose.
It sounds almost like presumption to say, that in His first interview with
Caiaphas Jesus bore Himself with the majesty of the Son of God, Who knew all that
was before Him, and passed through it as on the way to the accomplishment of
His Mission. The questions of Caiaphas bore on two points: the disciples of
Jesus, and His teaching the former to incriminate Christ's followers, the latter to
incriminate the Master. To the first inquiry it was only natural that He should
not have condescended to return an answer. The reply to the second was
characterised by that 'openness' which He claimed for all that He had said. [c St.
John xviii. 20.] [2 I cannot think that the expression 'to the world,' in ver. 20
can have any implied reference to the great world in opposition to the Jews (as
so many interpreters hold). The expression 'the world' in the sense of
'everybody' is common in every language. And its Rabbinic use has been shown on p.
368, Note 3. Christ proves that He had had no 'secret' doctrine, about which He
might be questioned, by three facts: 1. He had spoken 'without reserve'; 2. He
had spoken to everybody, without confining Himself to a select audience; 3. He
had taught in the most public places, in Synagogue and in the Temple, whither all
Jews resorted.] If there was to be not unprejudiced, but even fair inquiry,
let Caiaphas not try to extort confessions to which he had no legal right, nor to
ensnare Him when the purpose was evidently murderous. If he really wanted
information, there could be no difficulty in procuring witnesses to speak to His
doctrine: all Jewry knew it. His was no secret doctrine ('in secret I spake
nothing'). He always spoke 'in Synagogue and in the Temple, whither all the Jews
gather together.' [3 So according to the better reading and literally.] If the
inquiry were a fair one, let the judge act judicially, and ask not Him, but those
who had heard Him.
It must be admitted, that the answer sounds not like that of one accused, who
seeks either to make apology, or even greatly cares to defend himself. And
there was in it that tone of superiority which even injured human innocence would
have a right to assume before a nefarious judge, who sought to ensnare a victim,
not to elicit the truth. It was this which emboldened one of those servile
attendants, with the brutality of an Eastern in such circumstances, to inflict on
the Lord that terrible blow. Let us hope that it was a heathen, not a Jew, who
so lifted his hand. We are almost thankful that the text leaves it in doubt,
whether it was with the palm of the hand, or the lesser indignity, with a rod.
Humanity itself seems to reel and stagger under this blow. In pursuance of His
Human submission, the Divine Sufferer, without murmuring or complaining, or
without asserting His Divine Power, only answered in such tone of patient
expostulation as must have convicted the man of his wrong, or at least have left him
speechless. May it have been that these words and the look of Christ had gone to
his heart, and that the now strangely-silenced malefactor became the confessing
narrator of this scene to the Apostle John?
2. That Apostle was, at any rate, no stranger in the Palace of Caiaphas. We
have already seen that, after the first panic of Christ's sudden capture and
their own flight, two of them at least, Peter and John, seem speedily to have
rallied. Combining the notices of the Synoptists [a St. Matt. xxvi. 58; St. Mark
xiv. 54; St. Luke xxii, 54, 55.] with the fuller details, in this respect, of the
Fourth Gospel, [b St. John xviii. 15-18.] we derive the impression that Peter,
so far true to his word, had been the first to stop in his flight and to follow
'afar off.' If he reached the Palace of Annas in time, he certainly did not
enter it, bnt probably waited outside during the brief space which preceded the
transference of Jesus to Caiaphas. He had now been joined by John, and the two
followed the melancholy procession which escorted Jesus to the High-Priest. John
seems to have entered 'the court' along with the guard, [c St. John xviii.
15.] while Peter remained outside till his fellow-Apostle, who apparently was well
known in the High-Priest's house, had spoken to the maid who kept the door,
the male servants being probably all gathered in the court [1 The circumstance
that Josephus (Ant. vii. 2. 1) on the ground of 2 Sam. iv 6 (LXX.) speaks of a
female 'porter,' and that Rhoda opened the door in the house of the widowed
mother of John Mark (Acts xii. 13), does not convince me, that in the Palace of the
High-Priest a female servant regularly discharged that office.], and so
procured his admission.
Remembering that the High-Priest's Palace was built on the slope of the hill,
and that there was an outer court, from which a door led into the inner court,
we can, in some measure, realise the scene. As previously stated, Peter had
followed as far as that inner door, while John had entered with the guard. When he
missed his fellow-disciple, who was left outside this inner door, John 'went
out,' and, having probably told the waiting-maid that this was a friend of his,
procured his admission. While John now hurried up to be in the Palace, and as
near Christ as he might, Peter advanced into the middle of the court, where, in
the chill spring night, a coal fire had been lighted. The glow of the charcoal,
around which occasionally a blue flame played, threw a peculiar sheen on the
bearded faces of the men as they crowded around it, and talked of the events of
that night, describing, with Eastern volubility, to those who had not been
there what had passed in the Garden, and exchanging, as is the manner of such
serving-men and officials, opinions and exaggerated denunciations concerning Him Who
had been captured with such unexpected ease, and was now their master's safe
Prisoner. As the red light glowed and flickered, it threw the long shadows of
these men across the inner court, up the walls towards the gallery that ran
round, up there, where the lamps and lights within, or as they moved along
apartments and corridors, revealed other faces: there, where, in an inner
audience-chamber, the Prisoner was confronted by His enemy, accuser, and judge.
What a contrast it all seemed between the Purification of the Temple only a
few days before, when the same Jesus had overturned the trafficking tables of the
High-Priest, and as He now stood, a bound Prisoner before him, at the mercy of
every menial who might carry favour by wantonly insulting Him? It was a chill
night when Peter, down 'beneath,' [a St. Mark xiv. 66.] looked up to the
lighted windows. There, among the serving-men in the court, he was in every sense
'without.' [b St. Matt. xxvi. 69.] He approached the group around the fire. He
would hear what they had to say; besides, it was not safe to stand apart; he might
be recognised as one of those who had only escaped capture in the Garden by
hasty flight. And then it was chill, and not only to the body, the chill had
struck to his soul. Was he right in having come there at all? Commentators have
discussed it as involving neglect of Christ's warning. As if the love of any one
who was, and felt, as Peter, could have credited the possibility of what he had
been warned of; and, if he had credited it, would, in the first moments of
returning flood after the panic of his flight, have remembered that warning, or
with cool calculation acted up to the full measure of it! To have fled to his home
and shut the door behind him, by way of rendering it impossible to deny that
he knew Christ, would not have been Peter nor any true disciple. Nay, it would
itself have been a worse and more cowardly denial than that of which he was
actually guilty. Peter followed afar off, thinking of nothing else but his
imprisoned Master, and that he would see the end, whatever it might be. But now it was
chill, very chill, to body and soul, and Peter remembered it all; not, indeed,
the warning, but that of which he had been warned. What good could his
confession do? perhaps much possible harm; and why was he there?
Peter was very restless, and yet he must seem very quiet. He 'sat down' among
the servants, [a The Synoptists.] then he stood up among them. [b St. John.] It
was this restlessness of attempted indifference which attracted the attention
of the maid who had at the first admitted him. As in the uncertain light she
scanned the features of the mysterious stranger, she boldly charged him, [c St.
John.] though still in a questioning tone, with being one of the disciples of
the Man Who stood incriminated up there before the High-Priest. And in the
chattering of his soul's fever, into which the chill had struck, Peter vehemently
denied all knowledge of Him to Whom the woman referred, nay, of the very meaning
of what she said. He had said too much not to bring soon another charge upon
himself. We need not inquire which of the slightly varying reports in the Gospels
represents the actual words of the woman or the actual answer of Peter. Perhaps
neither; perhaps all, certainly, she said all this, and, certainly, he
answered all that, though neither of them would confine their words to the short
sentences reported by each of the Evangelists.
What had he to do there? And why should he incriminate himself, or perhaps
Christ, by a needless confession to those who had neither the moral nor the legal
right to exact it? That was all he now remembered and thought; nothing about
any denial of Christ. And so, as they were still chatting together, perhaps
bandying words, Peter withdrew. We cannot judge how long time had passed, but this
we gather, that the words of the woman had either not made any impression on
those around the fire, or that the bold denial of Peter had satisfied them.
Presently, we find Peter walking away down 'the porch,' [d St. Matthew.] which ran
round and opened into 'the outer court.' [e St. Mark.] He was not thinking of
anything else now than how chilly it felt, and how right he had been in not being
entrapped by that woman. And so he heeded it not, while his footfall sounded
along the marble-paved proch, that just at this moment 'a cock crew.' But there
was no sleep that night in the High-Priest's Palace. As he walked down the porch
towards the outer court, first one maid met him; and then, as he returned from
the outer court, he once more encountered his old accuser, the door-portress;
and as he crossed the inner court to mingle again with the group around the
fire, where he had formerly found safety, he was first accosted by one man, and
then they all around the fire turned upon him, and each and all had the same
thing to say, the same charge, that he was also one of the disciples of Jesus of
Nazareth. But Peter's resolve was taken; he was quite sure it was right; and to
each separately, and to all together, he gave the same denial, more brief now,
for he was collected and determined, but more emphatic, even with an oath. [a
St. Matthew.] And once more he silenced suspicion for a time. Or, perhaps,
attention was now otherwise directed.
3. For, already, hasty footsteps were heard along the porches and corridors,
and the maid who that night opened the gate at the High-Priest's Palace was busy
at her post. They were the leading Priests, Elders, and Sanhedrists, [1 The
expression 'all the council' must evidently be taken in a general, not literal
sense. No one would believe, for example, that either Nicodemus or Gamaliel was
present. I would not, however, attach any great importance to this. The
reference to the 'Elders' (in St. Matt.) is spurious.] who had been hastily summoned to
the High-Priest's Palace, and who were hurrying up just as the first faint
streaks of gray light were lying on the sky. The private examination by Caiaphas
we place (as in the Gospel of St. John) between the first and second denial of
Peter; the first arrival of Sanhedrists immediately after his second denial. The
private inquiry of Caiaphas had elicited nothing; and, indeed, it was only
preliminary. The leading Sanhedrists must have been warned that the capture of
Jesus would be attempted that night, and to hold themselves in readiness when
summoned to the High-Priest. This is not only quite in accordance with all the
previous and after circumstances in the narrative, but nothing short of a procedure
of such supreme importance would have warranted the presence for such a
purpose of these religious leaders on that holy Passover-night.
But whatever view be taken, thus much at least is certain, that it was no
formal, regular meeting of the Sanhedrin. We put aside, as a priori reasoning, such
considerations as that protesting voices would have been raised, not only from
among the friends of Jesus, but from others whom (with all their Jewish hatred
of Christ) we cannot but regard as incapable of such gross violation of
justice and law. But all Jewish order and law would have been grossly infringed in
almost every particular, if this had been a formal meeting of the Sanhedrin. [2
This is also the conclusion of the calmest and most impartial Jewish historian,
my lamented friend, the late Dr. Jost (Gesch. d. Judenth. i. pp. 402-409). He
designates it 'a private murder (Privat-Mord), committed by burning enemies, not
the sentence of a regularly constituted Sanhedrin. The most prominent men who
represented the Law, such as Gamaliel, Jochanan b. Zakkai, and others, were not
present.' The defence of the proceedings as a right and legal procedure by the
Sanhedrin, as made by Salvador (Gesch. d. Mos. Instit. [German Transl.] vol.
ii. pp. 67-79) is, from the critical point of view, so unsatisfactory, that I
can only wonder the learned Saalschutz should, even under the influence of Jewish
prejudice, have extended to it his protection (Mos. Recht, pp. 623-626). At
the same time, the refutation of Salvador by M. Dupin (reproduced as App. to vol.
iii. of the German translation of Salvador) is as superficial as the original
attack. Cohen's 'Les Deicides' is a mere party-book which deserves not serious
consideration. Gratz (Gesch. d. Juden, iii. p. 244) evades the question.] We
know what their forms were, although many of them (as so much in Rabbinic
accounts) may represent rather the ideal than the real, what the Rabbis imagined
should be, rather than what was; or else what may date from later times. According
to Rabbinic testimony, there were three tribunals. In towns numbering less than
120 (or, according to one authority, 230 [1 In Sanh. i. 6, the reasonsfor the
various numbers are given; but we can scarcely regard them as historical.]) male
inhabitants, there was only the lowest tribunal, that consisting of three
Judges. [2 Various modern writers have of late denied the existence of tribunals of
three. But the whole weight of evidence is against them. A number of passages
might here be quoted, but the reader may be generally referred to the treatment
of the subject in Selden, de Synedriis, ii. c. 5, and especially to
Maimonides, Hilkh. Sanh.] Their jurisdiction was limited, and notably did not extend to
capital causes. [3 In the case of a Mumcheh or admitted authority, even one
Judge could in certain civil cases pronounce sentence (Sanh. 2 b; 3 a).] The
authority of the tribunal of next instance, that of twenty-three [4 In Jerusalem
there were said to have been two such tribunals; one whose locale was at the
entrance to the Temple-Court, the other at that to the inner or Priest-Court.] was
also limited, although capital causes lay within its competence. The highest
tribunal was that of seventy-one, or the Great Sanhedrin, which met first in one of
the Temple-Chambers, the so-called Lishkath haGazith, or Chamber of Hewn
Stones, and at the time of which we write in 'the booths of the sons of Annas.' [5
It is a mistake to identify these with the four shops on the Mount of Olives.
They were the Temple-shops previously described.] The Judges of all these Courts
were equally set apart by ordination (Semikhah), originally that of the laying
on of hands. Ordination was conferred by three, of whom one at least must have
been himself ordained, and able to trace up his ordination through Joshua to
Moses. [a Sanh. 2 a; Maim. Sanh. iv. 1-3.] This, of course, on the theory that
there had been a regular succession of ordained Teachers, not only up to Ezra,
but beyond him to Joshua and Moses. The members of the tribunals of twenty-three
were appointed by the Great Sanhedrin. [b Sanh. 2 a; 15 b.] The members of the
tribunals of three were likewise appointed by the Great Sanhedrin, which
entrusted to men, specially accredited and worthy, the duty of travelling through the
towns of Palestine and appointing and ordaining in them the men best fitted
for the office. [c Sanh. 88 b; Maim. u. s. ch. ii. 7, 8.] The qualifications
mentioned for the office remind us of those which St. Paul indicates as requisite
for the Christian eldership. [d 1 Tim. iii.; Tit. I.]
Some inferences seem here of importance, as throwing light on early Apostolic
arrangements, believing, as we do, that the outward form of the Church was in
great measure derived from the Synagogue. First, we notice that there was
regular ordination, and, at first at least, by the laying on of hands. Further, this
ordination was not requisite either for delivering addresses or conducting the
liturgy in the Synagogue, but for authoritative teaching, and especially for
judicial functions, to which would correspond in the Christian Church the power
of the Keys, the administration of discipline and of the Sacraments as admitting
into, and continuing in the fellowship of the Church. Next, ordination could
only be conferred by those who had themselves been rightly ordained, and who
could, therefore, through those previously ordained, trace their ordination
upwards. Again, each of these 'Colleges of Presbyters' had its Chief or President.
Lastly, men entrusted with supreme (Apostolic) authority were sent to the various
towns 'to appoint elders in every city.' [a Tit. i. 5]
The appointment to the highest tribunal, or Great Sanhedrin, was made by that
tribunal itself, either by promoting a member of the inferior tribunal itself,
either by promoting a member of which 'the disciples' or students sat facing
the Judges. The latter sat in a semicircle, under the presidency of the Nasi
('prince') and the vice-presidency of the Ab-beth-din ('father of the Court of
Law'). [1 Kuene, and after him Schurer (Neutest. Zeitgesch.) have denied the
existence of this arrangement, but, as I think, on quite insufficient grounds. They
have been answered by D. Hoffmann (see the very able ed. of the Pirqe Abhoth, by
that learned and accurate scholar, Prof. Strack of Berlin, p. 9, notes). Comp.
also Levy, Neuhebr. Worterb., s. v. Schurer has to account for other passages
besides those which he quotes (p. 413), notably for the very clear statement in
Chag. ii. 2.] At least twenty-three members were required to form a quorum. [b
Bemidb. R. 1.] We have such minute details of the whole arrangements and
proceedings of this Court as greatly confirms our impression of the chiefly ideal
character of some of the Rabbinic notices. Facing the semicircle of Judges, we
are told, there were two shorthand writers, to note down, respectively, the
speeches in favour and against the accused. Each of the students knew, and sat in
his own place. In capital causes the arguments in defence of and afterwards those
incriminating the accused, were stated. If one had spoken in favour, he might
not again speak against the panel. Students might speak for, not against him.
He might be pronounced 'not guilty' on the same day on which the case was tried;
but a sentence of 'guilty' might only be pronounced on the day following that
of the trial. It seems, however, at least doubtful, whether in case of
profanation of the Divine Name (Chillul haShem), judgment was not immediately executed.
[c Kidd, 40 a.] Lastly, the voting began with the youngest, so that juniors
might not be influenced by the seniors; and a bare majority was not sufficient
for condemnation.
These are only some of the regulations laid down in Rabbinic writings. It is
of greater importance to enquire, how far they were carried out under the iron
rule of Herod and that of the Roman Procurators. Here we are in great measure
left to conjecture. 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. Equally we can understand, that both would deprive them of
the power of the sword and of decision on all matters of political or supreme
importance. Herod would reserve to himself the final disposal in all cases, if he
saw fit to interfere, and so would the Procurators, who especially would not
have tolerated any attempt at jurisdiction over a Roman citizen. 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. Lastly, as both Herod and the Procurators treated the High-Priest,
who was their own creature, as the real head and representative of the Jews;
and as it would be their policy to curtail the power of the independent and
fanatical Rabbis, we can understand how, in great criminal causes or in important
investigations, the High-Priest would always preside, the presidency of the Nasi
being reserved for legal and ritual questions and discussions. And with this
the notices alike in the New Testament and in Josephus accord.
Even this brief summary about the Sanhedrin would be needless, if it were a
question of applying its rules of procedure to the arraignment of Jesus. For,
alike Jewish and Christian evidence establish the fact, that Jesus was not
formally tried and condemned by the Sanhedrin. It is admitted on all hands, that forty
years before the destruction of the Temple the Sanhedrin ceased to pronounce
capital sentences. This alone would be sufficient. But, besides, the trial and
sentence of Jesus in the Palace of Caiaphas would (as already stated) have
outraged every principle of Jewish criminal law and procedure. Such causes could
only be tried, and capital sentence pronounced, in the regular meeting-place of
the Sanhedrin, [a Ab Zar. 8 b] [1 There is trulynot a tittle of evidence for the
assumption of commentators, that Christ was led from the Palace of Caiaphas
into the Council-Chamber. The whole proceedings took place in the former, and from
it Christ was brought to Pilate (St. John xviii. 28).] not, as here, in the
High-Priest's Palace; no process, least of all such an one, might be begun in the
night, not even in the afternoon, [a Shabb, 9 b] [1 The ordinary Court-hours
were from after morning-service till the time of the meal (Sabb. 10 a).]
although if the discussion had gone on all day, sentence might be pronounced at night.
[b Sanh. 32 a] Again, no process could take place on Sabbaths or Feastdays, [c
Bets. 36] or even on the eves of them, [d Baba K. 113 a] [2 In civil cases at
least no process was carried on in the months of Nisan and Tishri (comp. Bloch,
Civil Process-Ordnung).] although this would not have nullified proceedings,
and it might be argued on the other side, that a process against one who had
seduced the people should preferably by carried on, and sentence executed, at the
great public Feasts, [e Sanh. xi. 4; Tos. Sanhxi. 6] for the warning of all.
Lastly, in capital causes there was a very elaborate system of warning and
cautioning witnesses, [3 The details on these points are given in most commentaries.
(Comp. the Tractate Sanhedrin and the Gemara on it.) In a capital cause not
only would the formal and very solemn warning charge against false testimony have
been addressed to the witnesses, but the latter would be tested by the
threefold process known as Chaqiroth, Derishoth, and Bediqoth; the former two referring
to questions on the main points, the third or secondary points in the
evidence.] while it may safely be affirmed, that at a regular trial Jewish Judges,
however prejudiced, would not have acted as the Sanhedrists and Caiaphas did on
this occasion.
But as we examine it more closely, we perceive that the Gospel-narratives do
not speak of a formal trial and sentence by the Sanhedrin. Such references as to
'the Sanhedrin' ('council'), or to 'all the Sanhedrin,' must be taken in the
wider sense, which will presently be explained. On the other hand, the four
Gospels equally indicate that the whole proceedings of that night were carried on
in the Palace of Caiaphas, and that during that night no formal sentence of
death was pronounced. St. John, indeed, does not report the proceedings at all; St.
Matthew [f St. Matt. xxvi. 66] only records the questionof Caiaphas and the
answer of the Sanhedrists; and even the language of St. Mark does not convey the
idea of a formal sentence. [g St. Mark xiv. 64: 'condemned Him to be worthy of
death] And when in the morning, in consequence of a fresh consultation, also in
the Palace of Caiaphas, they led Jesus to the Praetorium, it was not as a
prisoner condemned to death of whom they asked the execution, [h St. John xviii.29,
30] but as one against whom they laid certain accusations worthy of death,
while, when Pilate bade them judge Jesus according to Jewish Law, they replied,
not: that they had done so already, but, that they had no competence to try
capital causes. [k St. John xviii. 31.]
4. But although Christ was not tried and sentenced in a formal meeting of the
Sanhedrin, there can, alas! be no question that His Condemnation and Death were
the work, if not of the Sanhedrin, yet of the Sanhedrists, of the whole body
of them ('all the council'), in the sense of expressing what was the judgment
and purpose of all the Supreme Council and Leaders of Israel, with only very few
exceptions. We bear in mind, that the resolution to sacrifice Christ had for
some time been taken. Terrible as the proceedings of that night were, they even
seem a sort of concession, as if the Sanhedrists would fain have found some
legal and moral justification for what they had determined to do. They first sought
'witness,' or as St. Matthew rightly designates it, 'false witness' against
Christ. [1 The Pharisaic Law of witness was very peculiar. Witnesses who
contradicted each other were not considered in Rabbinic Law as false witnesses, in the
sense of being punishable. Nor would they be so, even if an alibi of the
accused were proved, only if the alibi of the witnesses themselves were proved (comp.
Bahr, Gesetz u. Falsche Zeug., pp. 29, &c.). Thusthe 'Story of Susanna' is bad
in Jewish Law, unless, as Geiger supposes, it embodies an earlier mode of
procedure in Jewish criminal jurisprudence.] Since this was throughout a private
investigation, this witness could only have been sought from their own creatures.
Hatred, fanaticism, and unscruplous Eastern exaggeration would readily
misrepresent and distort certain sayings of Christ, or falsely impute others to Him.
But it was altogather too hasty and excited an assemblage, and the witnesses
contradicted themselves so grossly, or their testimony so notoriously broke down,
that for very shame such trumped-up charges had to be abandoned. And to this
result the majestic calm of Christ's silence must have greatly contributed. On
directly false and contradictory testimony it must be best not to cross-examine
at all, not to interpose, but to leave the false witness to destroy itself.
Abandoning this line of testimony, the Priests next brought forward probably some
of their own order, who on the first Purgation of the Temple had been present
when Jesus, in answer to the challenge for 'a sign' in evidence of His authority,
had given them that mysterious 'sign' of the destrucetion and upraising of the
Temple of His Body. [a St. John ii. 18, 19] [2 Critically also this is of
interest. The first Purgation of the Temple is not related by the Synoptists, but
they here confirm St. John's account of it. On the other hand, St. John's acount
of the Temple purgation confirms that of the Temple-purgation which St. John
does not relate. And the evidence is the stronger, that the two sets of accounts
are manifestly independent of each other, and that of the Fourth Gospel
younger than that of the Synoptists.] They had quite misunderstood it at the time,
and its reproduction now as the ground of a criminal charge against Jesus must
have been directly due to Caiaphas and Annas. We remember, that this had been the
first time that Jesus had come into collision, not only with the Temple
authorities, but with the avarice of 'the family of Annas.' We can imagine how the
incensed High-Priest would have challenged the conduct of the Temple-officials,
and how, in reply, he would have been told what they had attempted, and how
Jesus had met them. Perhaps it was the only real inquiry which a man like Caiaphas
would care to institute about what Jesus said And here, in its grossly
distorted form, and with more than Eastern exaggeration of partisanship it was actually
brought forward as a criminal charge!
Dexterously manipulated, the testimony of these witnesses might lead up to two
charges. It would show that Christ was a dangerous seducer of the people,
Whose claims might have led those who believed them to lay violent hands on the
Temple, while the supposed assertion, that He would [a St. Mark.] or was able [b
St. Matt.] to build the Temple again within three days, might be made to imply
Divine or magical pretensions. [1 At the same time neither this, nor even the
later charge of 'blasphemy,' would have made Jesus what was technically called
either a Massith, or a Maddiach. The former is described as an individual who
privately seduces private individuals into idolatry (Sanh. vii. 10; Jer. Yeb. 15
d), it being added that he speaks with a loud voice (in praise of some false
god) and uses the Holy (Hebr.) language (Jer. Sanh. 25 d). On the other hand, the
Maddiach is one who publicly seduces the people to idolatry, using, as it is
added, the language spoken commonly by the people. The two Talmudic stories, that
witnesses had lain in wait to hear and report the utterances of Christ (Sanh.
67 a), and that forty days before His execution heralds had summoned any
exculpatory evidence in His favour (Sanh. 43 a), may be dismissed without comment.] A
certain class of writers have ridiculed this part of the Sanhedrist plot
against Jesus. It is, indeed, true, that, viewed as a Jewish charge, it might have
been difficult, if not impossible, to construe a capital crime out of such
charges, although, to say the least, a strong popular prejudice might thus have been
raised against Jesus, and this, no doubt, was one of the objects which
Caiaphas had in view. But it has been strangely forgotten that the purpose of the
High-Priest was not to formulate a capital charge in Jewish Law, since the
assembled Sanhedrists had no intention so to try Jesus, but to formulate a charge which
would tell before the Roman Procurator. And here none other could be so
effective as that of being a fanatical seducer of the ignorant populace, who might
lead them on to wild tumultuous acts. Two similar instances, in which the Romans
quenched Jewish fanaticism in the blood of the pretenders and their deluded
followers, will readily recur to the mind. [2 Besides other movements, we refer
here specially to that under Theudas, who led out some 400 persons under promise
of dividing Jordan, when both he and his adherents were cut down by the Romans
(Jos. Ant. xx. 5. 1). At a later time an Egyptian Jew gathered 3,000 or 4,000
on the Mount of Olives, promising to cast down the walls of Jerusalem by the
breath of his mouth (u. s. xx. 8, 6). Another impostor of that kind was Simon of
Cyprus (u. s. xx. 7. 2), and, of course, Bar Kokhabh.] In any case, Caiaphas
would naturally seek to ground his accusation of Jesus before Pilate on anything
rather than His claims to Messiahship and the inheritance of David. It would be
a cruel irony if a Jewish High-Priest had to expose the loftiest and holiest
hope of Israel to the mockery of a Pilate; and it might prove a dangerous
proceeding, whether as regarded the Roman Governor or the feelings of the Jewish
people.
But this charge of being a seducer of the people also broke down, through the
disagreement of the two witnesses whom the Mosaic Law required, [a Deut. xvii.
6.] and who, according to Rabbinic ordinance, had to beseparately questioned.
[b Rosh haSh. ii. 6.] But the divergence of their testimony does not exactly
appear in the differences in the accounts of St. Matthew and of St. Mark. If it be
deemed necessary to harmonise these two narratives, it would be better to
regard both as relating the testimony of these two witnesses. What St. Mark
reported may have been followed by what St. Matthew records, or vice versa, the one
being, so to speak, the basis of the other. But all this time Jesus preserved the
same majestic silence as before, nor could the impatience of Caiaphas, who
sprang from his seat to confront, and, if possible, browbeat his Prisoner, extract
from Him any reply.
Only one thing now remained. Jesus knew it well, and so did Caiaphas. It was
to put the question, which Jesus could not refuse to answer, and which, once
answered, must lead either to His acknowledgement or to His condemnation. In the
brief historical summary which St. Luke furnishes, there is an inversion of the
sequence of events, by which it might seem as if what he records had taken
place at the meeting of the Sanhedrists [1 It seems, to say the least, strange to
explain the expression 'led Him into their as referring to the regular
Council-chamber (St. Luke xxii. 66).] on the next morning. But a careful consideration
of what passed there obliges us to regard the report of St. Luke as referring to
the night-meeting described by St. Matthew and St. Mark. The motive for St.
Luke's inversion of the sequence of events may have been, [2 At the same time I
confess myself in no way anxious about an accord of details and circumstances.
When, admittedly the facts entirely agree, nay, in such case, the accord of
facts would be only the more striking.] that he wished to group in a continuous
narrative Peter's threefold denial, the third of which occurred after the
night-sitting of the Sanhedrin, at which the final adjuration of Caiaphas elicited the
reply which St. Luke records, as well as the other two Evangelists. Be this as
it may, we owe to St. Luke another trait in the drama of that night. As we
suppose, the simple question was first addressed to Jesus, whether He was the
Messiah? to which He replied by referring to the needlessness of such an enquiry,
since they had predetermined not to credit His claims, nay, had only a few days
before in the Temple refused [c St. Matt. xxii. 41-46.] to discuss them. [dSt.
Luke xxii. 67, 68; the clause 'nor let Me go' is spurious.] It was upon thisthat
the High-Priest, in the most solemn manner, adjured the True One by the Living
God, Whose Son He was, to say it, whether He were the Messiah and Divine, the
two being so joined together, not in Jewish belief, but to express the claims
of Jesus. No doubt or hesitation could here exist. Solemn, emphatic, calm,
majestic, as before had been His silence, was now His speech. And His assertion of
what He was, was conjoined with that of what God would show Him to be, in His
Resurrection and Sitting at the Right Hand of the Father, and of what they also
would see, when He would come in those clouds of heaven that would break over
their city and polity in the final storm of judgment.
They all heard it, and, as the Law directed when blasphemy was spoken, the
High Priest rent both his outer and inner garment, with a rent that might never be
repaired. [a Sanh. vii. 5 Moed K. 26 a.] But the object was attained. Christ
would neither explain, modify, nor retract His claims. They had all heard it;
what use was there of witnesses, He had spoken Giddupha, [1 Other designations
for it are Chillul haShem, and, euphemistically, Birkhath haShem.] 'blaspheming.'
Then, turning to those assembled, he put to them the usual question which
preceded [2 But this does not seem to me tohave been the actual sentence. In regard
to the latter, see the formalities detailed in Sanh. iii. 7.] the formal
sentence of death. As given in the Rabbinical original, it is: 'What think ye
gentlemen? And they answered, if for life, "For life!" and if for death, "For death."
'[b Tanchuma Piqqudey, ed. Warsh. i. p. 132 b.] But the formal sentence of
death, which, if it had been a regular meeting of the Sanhedrin, must now have
been spoken by the President, [c Sanch. iii. 7.] was not pronounced. [4 'The
President of the Judges said: 'Such an one, thou ... art guilty' (Sanh. iii. 7).]
There is a curious Jewish conceit, that on the Day of Atonement the golden
band on the High Priest's mitre, with the graven words, 'Holiness unto Jehovah,'
atoned for those who had blasphemed. [d Jer. Yoma 44 c.] It stands out in
terrible contrast to the figure of Caiaphas on that awful night. Or did the unseen
mitre on the True and Eternal High-Priest's Brow, marking the consecration of His
Humiliation to Jehovah, plead for them who in that night were gathered there,
the blind leaders of the blind? Yet amidst so many most solemn thoughts, some
press prominently forward. On that night of terror, when all the enmity of man
and the power of hell were unchained, even the falsehood of malevolence could
not lay any crime to His charge, nor yet any accusation be brought against him
other than the misrepresentation of His symbolic Words. What testimony to Him
this solitary false and ill-according witness! Again: 'They all condemned Him to
be worthy of death.' Judaism itself would not now re-echo this sentence of the
Sanhedrists. And yet is it not after all true, that He was either the Christ,
the Son of God, or a blasphemer? This Man, alone so calm and majestic among those
impassioned false judges and false witnesses; majestic in His silence,
majestic in His speech; unmoved by threats to speak, undaunted by threats when He
spoke; Who saw it all, the end from the beginning; the Judge among His judges, the
Witness before His witnesses: which was He, the Christ or a blaspheming
impostor? Let history decide; let the heart and conscience of mankind give answer. If
He had been what israel said, He deserved the death of the Cross; if He is what
the Christmas-bells of the Church, and the chimes of the Resurrection-morning
ring out, then do we rightly worship Him as the Son of the Living God, the
Christ, the Saviour of men.
5. It was after this meeting of the Sanhedrists had broken up, that, as we
learn from the Gospel of St. Luke, the revolting insults and injuries were
perpetrated on Him by the guards and servants of Caiaphas. All now rose in combined
rebellion against the Perfect Man: the abject servility of the East, which
delighted in insults on One Whom it could never have vanquished, and had not even
dared to attack; that innate vulgarity, which loves to trample on fallen
greatness, and to deck out in its own manner a triumph where no victory has been won;
the brutality of the worse than animal in man (since in him it is not under the
guidance of Divine instinct), and which, when unchained, seems to intensify in
coarseness and ferocity; [1 Have we advanced much beyond this, when the Parisian
democracy can inscribe on its banners such words as 'Ecrasez l'Infame,' and,
horrible to relate it, teach its little children to bring to this its floral
offerings?] and the profanity and devilry which are wont to apply the wretched
witticisms of what is misnomered common sense and the blows of tyrannical
usurpation of power to all that is higher and better, to what these men cannot grasp
and dare not look up to, and before the shadows of which, when cast by
superstition, they cower and tremble in abject fear! And yet these insults, taunts, and
blows which fell upon that lonely Sufferer, not defenceless, but undefending,
not vanquished, but uncontending, not helpless, but majestic in voluntary
self-submission for the highest purpose of love, have not only exhibited the curse of
humanity, but also removed it by letting it descend on Him, the Perfect Man,
the Christ, the Son of God. And ever since has every noble-hearted sufferer been
able on the strangely clouded day to look up, and follow what, as it touches
earth, is the black misty shadow, to where, illumined by light from behind, it
passes into the golden light, a mantle of darkness as it enwraps us, merging in
light up there where its folds seem held together by the Hand from heaven.
This is our Sufferer, the Christ or a blasphemer; and in that alternative
which of us would not choose the part of the Accused rather than of His judges? So
far as recorded, not a word escaped His Lips; not a complaint, nor murmur; nor
utterance of indignant rebuke, nor sharp cry of deeply sensitive, pained
nature. He was drinking, slowly, with the consciousness of willing self-surrender,
the Cup which His Father had given Him. And still His Father, and this also
specially in His Messianic relationship to man.
We have seen that, when Caiaphas and the Sanhedrists quitted the
audience-chamber, Jesus was left to the unrestrained licence of the attendants. Even the
Jewish Law had it, that no 'prolonged death' (Mithah Arikhta) might be inflicted,
and that he who was condemned to death was not to be previously scourged. [a
Keth 37 b, top] At lastthey were weary of insult and smiting, and the Sufferer
was left alone, perhaps in the covered gallery, or at one of the windows that
overlooked the court below. About one hour had passed [b St. Luke] since Peter's
second denial had, so to speak, been interrupted by the arrival of the
Sanhedrists. Since then the excitement of the mock-trial, with witnesses coming and
going, and, no doubt, in Eastern fashion repeating what had passed to those
gathered in the court around the fire; then the departure of the Sanhedrists, and
again the insults and blows inflicted on the Sufferer, had diverted attention from
Peter. Now it turned once more upon him; and, in the circumstances, naturally
more intensely than before. The chattering of Peter, whom conscience and
consciousness made nervously garrulous, betrayed him. This one also was with Jesus the
Nazarene; truly, he was of them, for he was also a Galilean! So spake the
bystanders; while, according to St. John, a fellow-servant and kinsman of that
Malchus, whose ear Peter, in his zeal, had cut off in Gethsemane, asserted that he
actually recognised him. To one and all these declarations Peter returned only
a more vehement denial, accompanying it this time with oaths to God and
imprecations on himself.
The echo of his words had scarcely died out, their diastole had scarcely
returned them with gurgling noise upon his conscience, when loud and shrill the
second cock-crowing was heard. There was that in its harsh persistence of sound
that also wakened his memory. He now remembered the words of warning prediction
which the Lord had spoken. He looked up; and as he looked, he saw, how up there,
just at that moment; the Lord turned round [1 There is not any indicationin the
text that, as Commentators suppose, Christ was at that moment led bound across
the Court; nor, indeed, that till the morning He was at all removed from near
the place where He had been examined.] and looked upon him, yes, in all that
assembly, upon Peter! His eyes spake His Words; nay, much more; they searched
down to the innermost depths of Peter's heart, and broke them open. They had
pierced through all self-delusion, false shame, and fear: they had reached the man,
the disciple, the lover of Jesus. Forth they burst, the waters of conviction,
of true shame, of heart-sorrow, of the agonies of self-condemnation;and,
bitterly weeping, he rushed from under those suns that had melted the ice of death and
burnt into his heart, out from that cursed place of betrayal by Israel, by its
High Priest, and even by the representative Disciple.
Out he rushed into the night. Yet a night lit up by the stars of promise,
chiefest among them this, that the Christ up there, the conquering Sufferer, had
prayed for him. God grant us in the night of our conscious self-condemnation the
same star-light of His Promises, the same assurance of the intercession of the
Christ, that so, as Luther puts it, the particularness of the account of
Peter's denial, as compared with the briefness of that of Christ's Passion, may carry
to our hearts this lesson: 'The fruit and use of the sufferings of Christ is
this, that in them we have the forgiveness of our sins.' THE CROSS AND THE CROWN
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