Journal: Bibliotheca Sacra
Volume: BSAC 60:239 (Jul 1903)
Article: The Legal Aspects Of The Trial Of Christ
Author: Henry M. Cheever

BSac 60:239 (July 1903) p. 495

The Legal Aspects Of The Trial Of Christ

Henry M. Cheever

The wonderful influence of the life and personality of Christ has obscured the fact that the central event in his life took the form of a judicial proceeding. And yet the birth of modern history was on Calvary. Lamartine justly says, “His tomb was the grave of the old world and the cradle of the new.”

In its forensic aspects that great event was a judicial tragedy. It embraced what seems to be a twofold criminal trial; although some writers have claimed that it was but a single trial, with a preliminary examination preceding the final trial and sentence. Capital trials always have a strange fascination for those not familiar with them. History gives us instances of this fact in the trials of Charles the First, Mary Queen of Scots, and of others, and we can readily recall the intense interest created by the celebrated criminal trials of this and other countries. Let us look, not at the fascination, but at the purely legal aspects, of the trial of Christ. In doing this, many questions necessarily arise, each of which must be examined, in order to reach a satisfactory conclusion.

1. Were there two trials,—one under the Hebrew and one under the Roman law,—or was the proceeding before the high priest, Caiaphas, simply a preliminary examination, in order that Jesus might be remanded to the Roman governor, Pilate, for trial?

2. In the trial or examination before Caiaphas, were

BSac 60:239 (July 1903) p. 496

the forms of the Hebrew law observed? and in the trial before Pilate, were the forms of the Roman law adhered to?

3. Were the charges preferred before the Hebrew and the Roman tribunal the same?

4. For what offense was Jesus condemned to death?

5. Was not Jesus, on the trial before Pilate, acquitted; and then, after such acquittal, sentenced without conviction?

Before we examine these propositions, it will be necessary to look at the condition of Judaea, and its relations, politically, to Rome.

Judæa was a conquered country. The Jews were, nevertheless, permitted to enjoy their civil laws, the public exercise of their religion, and many things relating to their municipal affairs; but they had not the power to inflict the death penalty in any case. This right was reserved by the Roman power. Caiaphas, as high priest, could try a prisoner for the crime of blasphemy against God, but could not sentence to death. The Jews knew this; as, witness their reply to Pilate when he told them to punish Jesus according to their law, “It is not lawful for us to put any man to death.” Pilate, on the other hand, was a Roman proc...