Читать книгу The Trial of Jesus - Walter M. Chandler - Страница 12

Table of Contents

THE Hebrew tribunals were three in kind: the Great Sanhedrin; the Minor Sanhedrin; and the Lower Tribunal, or the Court of Three.

The Great Sanhedrin, or Grand Council, was the high court of justice and the supreme tribunal of the Jews. It sat at Jerusalem. It numbered seventy-one members. Its powers were legislative, executive, and judicial. It exercised all the functions of education, of government, and of religion. It was the national parliament of the Hebrew Theocracy, the human administrator of the divine will. It was the most august tribunal that ever interpreted or administered religion to man.

The Name.—The word "Sanhedrin" is derived from the Greek (συνέδριον) and denotes a legislative assembly or an ecclesiastical council deliberating in a sitting posture. It suggests also the gravity and solemnity of an Oriental synod, transacting business of great importance. The etymology of the word indicates that it was first used in the later years of Jewish nationality. Several other names are also found in history to designate the Great Sanhedrin of the Jews. The Council of Ancients is a familiar designation of early Jewish writers. It is called Gerusia, or Senate, in the second book of Maccabees.[78] Concilium, or Grand Council, is the name found in the Vulgate.[79] The Talmud designates it sometimes as the Tribunal of the Maccabees, but usually terms it Sanhedrin, the name most frequently employed in the Greek text of the Gospels, in the writings of the Rabbins, and in the works of Josephus.[80]

Origin of the Great Sanhedrin.—The historians are at loggerheads as to the origin of the Great Sanhedrin. Many contend that it was established in the Wilderness by Moses, who acted under divine commission recorded in Numbers xi. 16, 17: "Gather unto me seventy of the elders of Israel, whom thou knowest to be the elders of the people, and officers of them; and bring them unto the tabernacle of the congregation, that they may stand with thee; and I will take of the Spirit that is upon thee and will put it upon them; and they shall bear the burden of the people with thee, that thou bearest it not alone." Over the seventy elders, Moses is said to have presided, making seventy-one, the historic number of the Great Sanhedrin. Several Christian historians, among them Grotius and Selden, have entertained this view; others equally celebrated have maintained contrary opinions. These latter contend that the council of seventy ordained by Moses existed only a short time, having been established to assist the great lawgiver in the administration of justice; and that, upon the entrance of the children of Israel into the Promised Land, it disappeared altogether. The writers who hold this view contend that if the great assembly organized in the Wilderness was perpetuated side by side with the royal power, throughout the ages, as the Rabbis maintained, some mention of this fact would, in reason, have been made by the Bible, Josephus, or Philo.

The pages of Jewish history disclose the greatest diversity of opinion as to the origin of the Great Sanhedrin. The Maccabean era is thought by some to be the time of its first appearance. Others contend that the reign of John Hyrcanus, and still others that the days of Judas Maccabeus, marked its birth and beginning. Raphall, having studied with care its origin and progress, wrote: "We have thus traced the existence of a council of Zekenim or Elders founded by Moses, existing in the days of Ezekiel, restored under the name of Sabay Yehoudai, or Elders of the Jews, under Persian dominion; Gerusia, under the supremacy of the Greeks; and Sanhedrin under the Asmonean kings and under the Romans."[81]

Brushing aside mere theory and speculation, one historical fact is clear and uncontradicted, that the first Sanhedrin Council clothed with the general judicial and religious attributes of the Great Sanhedrin of the times of Jesus, was established at Jerusalem between 170 and 106 B.C.

Organization of the Great Sanhedrin.—The seventy-one members composing the Great Sanhedrin were divided into three chambers:

 The chamber of priests;

 The chamber of scribes;

 The chamber of elders.

The first of these orders represented the religious or sacerdotal; the second, the literary or legal; the third, the patriarchal, the democratic or popular element of the Hebrew population. Thus the principal Estates of the Commonwealth of Israel were present, by representation, in the great court and parliament of the nation.

Matthew refers to these three orders and identifies the tribunal that passed judgment upon Christ: "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 raised again the third day."[82]

Theoretically, under the Hebrew constitution, the "seventy-one" of the three chambers were to be equally divided:

 Twenty-three in the chamber of priests,

 Twenty-three in the chamber of scribes,

 Twenty-three in the chamber of elders.

A total of sixty-nine, together with the two presiding officers, would constitute the requisite number, seventy-one. But, practically, this arrangement was rarely ever observed. The theocratic structure of the government of Israel and the pious regard of the people for the guardians of the Temple, gave the priestly element a predominating influence from time to time. The scribes, too, were a most vigorous and aggressive sect and frequently encroached upon the rights and privileges of the other orders. Abarbanel, one of the greatest of the Hebrew writers, has offered this explanation: "The priests and scribes naturally predominated in the Sanhedrin because, not having like the other Israelites received lands to cultivate and improve, they had abundant time to consecrate to the study of law and justice, and thus became better qualified to act as judges."[83]

Qualifications of Members of the Great Sanhedrin.—The following qualifications were requisite to entitle an applicant to membership in the Great Sanhedrin:

(1) He must have been a Hebrew and a lineal descendant of Hebrew parents.[84]

(2) He must have been "learned in the law"; both written and unwritten.

His legal attainment must have included an intimate acquaintance with all the enactments of the Mosaic Code, with traditional practices, with the precepts and precedents of the colleges, with the adjudications of former courts and the opinions of former judges. He must have been familiar not only with the laws then actively in force, but also with those that had become obsolete.[85]

(3) He must have had judicial experience; that is, he must have already filled three offices of gradually increasing dignity, beginning with one of the local courts, and passing successively through two magistracies at Jerusalem.[86]

(4) He must have been thoroughly proficient in scientific knowledge.

The ancient Sanhedrists were required to be especially well grounded in astronomy and medicine. They were also expected to be familiar with the arts of the necromancer.[87] We are also led to believe from the revelations of the Talmud that the judges of Israel were well versed in the principles of physiology and chemistry, as far as these sciences were developed and understood in those days. History records that Rabbi Ismael and his disciples once engaged in experimental dissection in order to learn the anatomy of the human frame. On one occasion a deceitful witness tried to impose upon a Hebrew court by representing spermatic fluid to be the albumen of an egg. Baba bar Boutah was enabled, from his knowledge of the elements of chemistry, to demonstrate the fact of fraud in the testimony of the witness. Eighty disciples of the famous Academy of Hillel are said to have been acquainted with every branch of science known in those days.[88]

(5) He must have been an accomplished linguist; that is, he must have been thoroughly familiar with the languages of the surrounding nations.

Interpreters were not allowed in Hebrew courts. A knowledge of several languages was, therefore, indispensable to the candidate who sought membership in the Great Sanhedrin. "In the case of a foreigner being called as a witness before a tribunal, it was absolutely necessary that two members should understand the language in which the stranger's evidence was given; that two others should speak to him; while another was required to be both able to understand and to converse with the witness. A majority of three judges could always be obtained on any doubtful point in the interpretation of the testimony submitted to the court. At Bither there were three Rabbins acquainted with every language then known, while at Jabneh there were said to be four similarly endowed with the gift of 'all the tongues.'"[89]

(6) He must have been modest, popular, of good appearance, and free from haughtiness.[90]

The Hebrew mind conceived modesty to be the natural result of that learning, dignity, and piety which every judge was supposed to possess. The qualification of "popularity" did not convey the notion of electioneering, hobnobbing and familiarity. It meant simply that the reputation of the applicant for judicial honors was so far above reproach that his countrymen could and would willingly commit all their interests of life, liberty, and property to his keeping. By "good appearance" was meant that freedom from physical blemishes and defects, and that possession of physical endowments that would inspire respect and reverence in the beholder. The haughty judge was supposed to be lacking in the elements of piety and humility which qualified him for communion with God. Haughtiness, therefore, disqualified for admission to the Great Sanhedrin.

(7) He must have been pious, strong, and courageous.[91]

Piety was the preëminent qualification of a judge of Israel. Impiety was the negation of everything Israelitish. Strength and courage are attributes that all judges in all ages and among all races have been supposed to possess in order to be just and righteous in their judgments.

Disqualifications.—Disqualifications of applicants for membership in the Great Sanhedrin are not less interesting than qualifications. They are in the main mere negatives of affirmatives which have already been given, and would seem, therefore, to be superfluous. But they are strongly accentuated in Hebrew law, and are therefore repeated here.

(1) A man was disqualified to act as judge who had not, or had never had, any regular trade, occupation, or profession by which he gained his livelihood.

The reason for this disqualification was based upon a stringent maxim of the Rabbins: "He who neglects to teach his son a trade, is as though he taught him to steal!" A man who did not work and had never labored in the sweat of his brow for an honest livelihood, was not qualified, reasoned the Hebrew people, to give proper consideration or extend due sympathy to the cause of litigants whose differences arose out of the struggles of everyday life.

(2) In trials where the death penalty might be inflicted, an aged man, a person who had never had any children of his own, and a bastard were disqualified to act as judge.

A person of advanced years was disqualified because according to the Rabbins old age is frequently marked by bad temper; and "because his years and infirmities were likely to render him harsh, perhaps obstinate and unyielding." On the other hand, youth was also a disqualification to sit in the Sanhedrin. According to the Rabbis, twenty-five years was the age which entitled a person to be called a Man;[92] but no one was eligible to a seat in the Sanhedrin until he had reached the age of forty years.[93] The ancient Hebrews regarded that period as the beginning of discretion and understanding.

A person without children was not supposed to possess those tender paternal feelings "which should warm him on behalf of the son of Israel who was in peril of his life."

The stain of birth and the degradation in character of a bastard were wholly inconsistent with the high ideals of the qualifications of a Hebrew judge.

(3) Gamblers, dice players, bettors on pigeon matches, usurers, and slave dealers were disqualified to act as judges.

The Hebrews regarded gambling, dice playing, betting on pigeon matches, and other such practices as forms of thievery; and thieves were not eligible to sit as judges in their courts. No man who was in the habit of lending money in an usurious manner could be a judge. It was immaterial whether the money was lent to a countryman or a stranger. Slave dealers were disqualified to act as judges because they were regarded as inhuman and unsympathetic.

(4) No man was qualified to be a judge who had dealt in the fruits of the seventh year.

Such a person was deemed lacking in conscience and unfitted to perform judicial functions.

(5) No man who was concerned or interested in a matter to be adjudicated was qualified to sit in judgment thereon.

This is a universal disqualification of judges under all enlightened systems of justice. The weakness and selfishness of human nature are such that few men are qualified to judge impartially where their own interests are involved.

(6) All relatives of the accused man, of whatever degree of consanguinity, were disqualified from sitting in judgment on his case.

This is only a variation of the disqualification of interest.

(7) No person who would be benefited, as heir, or otherwise, by the death or condemnation of an accused man, was qualified to be his judge.

This, too, is a variation of the disqualification of interest.

(8) The king could not be a member of the Sanhedrin.

Royalty disqualified from holding the place of judge because of the high station of the king and because his exercising judicial functions might hamper the administration of justice.

And, finally, in closing the enumeration of disqualifications, it may be added that an election to a seat obtained by fraud or any unfair means was null and void. No respect was shown for the piety or learning of such a judge; his judicial mantle was spat upon with scorn, and his fellow judges fled from him as from a plague or pest. Hebrew contempt for such a judge was expressed in the maxim: "The robe of the unfairly elected judge is to be respected not more than the blanket of an ass."

Officers of the Great Sanhedrin.—Two presiding officers directed the proceedings of the Great Sanhedrin. One of these, styled prince (nasi), was the chief and the president of the court. The other, known as the father of the Tribunal (ab-beth-din), was the vice-president.

There has been much discussion among the historians as to the particular chamber from which the president was chosen. Some have contended that the presidency of the Sanhedrin belonged by right to the high priest. But the facts of history do not sustain this contention. Aaron was high priest at the time when Moses was president of the first Sanhedrin in the Wilderness; and, besides, the list of presidents preserved by the Talmud reveals the names of many who did not belong to the priesthood. Maimonides has made the following very apt observation on the subject: "Whoever surpassed his colleagues in wisdom was made by them chief of the Sanhedrin."[94]

According to most Jewish writers, there were two scribes or secretaries of the Sanhedrin. But several others contend that there were three. Benny says: "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."[95]

In addition to these officers, there were still others who executed sentences and attended to all the police work of legal procedure. They were called shoterim.[96]

There was no such officer as a public prosecutor or State's attorney known to the laws of the ancient Hebrews. The witnesses to the crime were the only prosecutors recognized by Hebrew criminal jurisprudence; and in capital cases they were the legal executioners as well.

There was also no such body as the modern Grand Jury known to ancient Hebrew criminal law. And no similar body of committee of the Sanhedrin performed the accusatory functions of the modern Grand Jury. The witnesses were the only accusers, and their testimony was both the indictment and the evidence. Until they testified, the man suspected was deemed not only innocent but unaccused.

The profession of the law, in the modern sense of the term, was no part of the judicial system of the ancient Hebrews. There were no advocates as we know them. There were, indeed, men learned in the law—Pharisees and Sadducees—who knew all the law. There were doctors of the law: men whom Jesus confounded when a youth in the Temple at the age of twelve.[97] But there were no lawyers in the modern sense: professional characters who accept fees and prosecute cases. The judges and disciples performed all the duties of the modern attorney and counselor-at-law. The prophets were the sole orators of Hebrew life, but they were never allowed to appear as defendants of accused persons. Indeed, they themselves were at times compelled to play the role of defendants. Jeremiah is an illustrious example.[98] Both Keim[99] and Geikie[100] speak of a Baal Rib, a counsel appointed to see that everything possible was done to secure the rights of an accused person at a Hebrew criminal trial. But these statements are not in accord with standard works on ancient Hebrew jurisprudence. Indeed, Friedlieb emphatically denies that there was any such person as a Baal Rib or Dominus Litis among the ancient Hebrews.[101] It seems that in the closing years of Jewish nationality, specially retained advocates were known, for St. Luke tells us that the Jews employed Tertullus, a certain orator, to prosecute St. Paul.[102] But this was certainly an exceptional case. It is historically certain that in the early ages of the Jewish Commonwealth litigants pleaded their own causes. This we learn from the case of the two women who appeared before King Solomon, and laid before him their respective claims to a child.[103]

Compensation of Officers.—The judges of Israel were originally not paid anything for their services. The honor of the office itself was considered sufficient emolument for labors performed. Indeed, the office of teacher and judge in Israel was so highly prized that the struggles and sacrifices of a lifetime were not considered too great to pay for a place in the Great Sanhedrin. Such high station was regarded as a sacred sphere into which the idea of material gain should not enter. The regular court days were, therefore, spent by the judge on the bench, without any expectation of reward for his services. The other days of the week he spent in earning a livelihood. But in later years of the national life a change seems to have taken place. The ancient rule was so far modified that when the services of the judge were required on days when he was engaged in his private pursuits, custom and the law gave him the right to claim a substitute during the time he was occupied on the bench; or, in default of a substitute, to claim remuneration for the time which he had lost. Another modification was that if his legal duties required his entire time, the judge in Israel was entitled to support from the communal treasury, and was even permitted to accept fees from litigants. This practice was discouraged, however, by the Rabbis, who looked with disfavor upon the appointment of judges who were not entirely able to support themselves.

The secretaries and other officers of subordinate dignity were paid for their services.[104]

Sessions of the Courts.—In the early days of the Hebrew Commonwealth the laws provided for no regular court days. The Sanhedrin convened as occasion required, to transact such business and dispose of such cases as came before it. But this practice was oftentimes found to be expensive and annoying to litigants who came into Jerusalem from the country and found no courts in session. To accommodate the country folk, the farmers, and shepherds, Ezra and his coadjutors of the Great Assembly designated Mondays and Thursdays as regular court days. This enactment was not prohibitive, however. Court might be held on any day of the week that necessity required. The reason assigned by the Rabbins for the selection of Mondays and Thursdays as court days was that on those days people from the country usually congregated in populous places, in their houses of worship, to hear the law read and interpreted. While in attendance upon these sacred services, it was thought that the time was both convenient and propitious for the settlement of their legal difficulties.[105]

The authorities are divided as to the exact official hours of the day for holding court. "The Sanhedrin sat from the close of the morning sacrifice to the time of the evening sacrifice," is the language of the Jerusalem Talmud.[106] Mendelsohn says: "The official hours for holding court were between the morning service and noon; but a suit entered upon during the legal hours could be carried on until evening, and civil cases could be continued even after nightfall."[107] But in no case of a criminal nature could the court continue its session during the night.[108]

The Minor Sanhedrins in the provinces, as well as the local Courts of Three, usually held their sessions in the most public place, that is, at the city gate. The two Minor Sanhedrins of Jerusalem held their sessions at the entrance to the Temple-mound and to the woman's department respectively. The Great Sanhedrin convened in an apartment of the national temple at Jerusalem, known as the Lishkath haggazith. This apartment was the celebrated "Hall of Hewn Stones."[109]

Recruitments.—The young Hebrew disciple who possessed the necessary mental, spiritual, and personal qualifications for judicial honors was styled Haber, which means associate, fellow.[110] Such a disciple was first solemnly ordained and received the title of Zaken (elder) or Rabbi. This title rendered him eligible to membership in the different courts. But that he might acquire necessary experience for membership in the Great Sanhedrin and became a sage worthy of Israel, he was required to begin at the lowest rung of the judicial ladder and work gradually to the top. He was first appointed by the Great Sanhedrin to a place in one of the local courts, consisting of three members; he then served as a member of one of the provincial Sanhedrins; was then promoted to the first, and afterwards to the second Minor Sanhedrin at Jerusalem; and was elevated finally to the Great Sanhedrin itself.[111] After this manner, all the courts of the ancient Hebrews were recruited and replenished from time to time; the young aspirant to judicial favors beginning in the local Court of Three and rising by successive steps to the Great Sanhedrin at Jerusalem.

The exact method of filling vacancies and thus replenishing the membership of the Great Sanhedrin is not certainly known.[112] The following extract from the Talmud, however, is thought to be authoritative: