THE HEBREW TRAIL fta1 The quotations in this volume are made from the edition of the Mishna by Surenhusius (Amsterdam, 1672); and especially from the chapter or tractate De Synedriis , in the fourth of its twelve volumes. I accept the Latin translation of the editor, and have only occasionally verified a word of the Hebrew original fta2 The Mishna (De Synedriis , 10:3) lays down the startling principle, “Gravius peccatur circa verba scribarum, quam verba legis.” As an enthusiastic and admiring translator paraphrases it, “He who teaches against the Pentateuch is not condemned to death, for all men know the Bible. But if he teaches against the doctors, he is condemned” (Rabbinowicz, Legislation Criminelle du Talmud , Paris). fta3 Mishna, Capita Patrum , 1. 1. The same order of precedence is observed in the chief saying of their great representative, Simon the Just: “On three things stands the world — on law , on worship, and on charity” (Cap . Patrum . 1- 2) fta4 Salvador, Inst. de Moise , 1-365. fta5 Mishna, treatise Makhoth . fta6 Mishna, De Synedriis , 6-5. fta7 The third edition, in two volumes (Michel Levy Freres, Paris), is that here quoted. fta8 Valerius Gratus, Pilate’s predecessor. See Josephus, Antiq . 18. 2. 1; 20. 9. 1. fta9 “Like flies on a sore,” was the comment of the Emperor Tiberius on the rapid succession in which one high priest after another alighted upon Jerusalem during his reign. fta10 It depends partly on whether the word ajpe>steilen in John 28:24, means “sent” or “had sent.” See a full discussion of it in Andrew’s Life of our Lord . fta11 Dupin objects that Annas was not a magistrate, and certainly that would add to the irregularity of interrogating the accused. But by Hebrew law the magistrate could not interrogate, while in France he does. fta12 In Scotland the additional anomaly has existed, that the private and official examination may afterwards (in the option of the prosecution) be produced against the accused at his public trial, while it cannot be then used in his favor (see The Journal of Comparative Legislation for March 1899). fta13 Un principe perpetuellement reproduit dans les ecritures hebraiques, resume deja les deux conditions de publicite et de liberte. On ne soumettait pas l’homme accuse a des interrogatoires occultes, ou dans son trouble l’innocent peut fournlr des armes mortels contre lui” (Salvador’s Inst . 1-366). fta14 Mishna, Pirke Avoth , 4:8 fta15 These words recall a very curious provision of the Mishna (De Synedriis , 7. 10) as to the Mesith , or private “seductor — i.e. laicus seducens laicum” — a phrase which is, no doubt, translated in the Gospel words, “deceiver of the people.” In the case of such a one, who says privately, “Let us go after other gods,” the rule as to laying no snares for the accused was for once suspended. The person attempted to be seduced might profess to acquiesce, and so hide other witnesses to overhear the Mesith , and testify against him. fta16 Bynaeus (De Morte Christi ) holds a twofold trial in the morning. But the view (recently repeated by Dr. Farrar)that Luke narrates a different scene from that given in nearly the same words by the early Evangelists is scarcely tenable. fta17 Mishna, De Synedriis , 4. fta18 We thus escape, in our present investigation, the extremely difficult and famous questions whether the Friday was the 14th or 15th Nisan, and on which day of that week the Passover was eaten. If the Friday was the 15th, it was the Passover or Feast-day, when it seems to have been unlawful to judge at all. Mishna, Moed Katon , 5. 2. fta19 Mishna, De Synedriis , 5. 5; 6. 1. fta20 “Beatus judex qui fermentat judicium suum” (Gemara on Mishna , De Synedriis , 100. 1). fta21 A striking commentary on this graphic law will occur to English readers who remember the interposition of Daniel in the History of Susanna, verses 46-49. fta22 “Proferre diem morti damnati nefas est” (Mishna, De Synedriis , 4. 1.

Note 8, by Coeceius). fta23 Even this is forbidden by another text in the treatise Nidah , and the jurists have had to settle the question of their relative authority. fta24 The circumstance that this huge blot is ignored by Salvador makes it very unnecessary to notice in detail his defense of other parts of the supposed formal judicial proceeding. He narrates the trial and condemnation as taking place before a full meeting of the Sanhedrin, and adds (vol. 1-391): “Le conseil se rassembla de nouveau dans la matinee du lendemain ou du surlendemain , comme la jurisprudence l’exigeait, pour confirmer la sentence ou l’annuler.” This is mere invention of the facts. fta25 Mishna, De Synedriis , 4. 5. “Intro vocatis terrorem incutiunt testibus” (2. 6). fta26 Mishna, De Synedriis , v. 3-4. And see Lightfoot’s Hor. Heb., Mark 14:56. fta27 2 Unless Mark, when he says their testimonies were oujk i+sai , means that they were not “adequate,” rather than not “accordant.” fta28 Salvador’s Institutions , 1. 373. fta29 There were gradations among false witnesses as among true — especially as they were consciously or unconsciously false. See Lightfoot on the Talmudic and technical meaning of the word, Hor . Heb ., on Matthew 26:60. fta30 See also Josephus’ account of the trial of Zacharias the son of Baruch: De Bello Judaico , 4. 5-4 fta31 The Hebrew phrase, hy; µve bq'n; seems to carry the same implication of offense and insult. fta32 The canon law definition of blasphemy puts its original meaning last, and puts first that it is ascribing to God “quod Ili non convenit .” fta33 Exactly as the charge against Stephen was in the line of his subsequent and sudden condemnation. fta34 Too little studied in the ablest popular treatises of this century, e .g . in both Renan’s Jesus and Ecce Homo . fta35 Which of these is the meaning of the Hebrew word translated ijsh marturia — an even testimony? fta36 There seems to have been no advocate for the defense, known as Baalrib , or Dominus Litis. — Friedlieb, Archceol . 87. fta37 “They say their phylacteries,” says the Talmud (Berachoth, 1. 2), “from the first daylight to the third hour,” at which last time the “Lesser Sanhedrin” could meet, while the greater sat only “after the daily morning sacrifice” (Maimonides on ch . De Syndedriis , 3). Luke seems to fix the first daylight as the time when they actually did “lead him into their council” — the Arraignment. fta38 Mishna, De Synedriis , 1. 6. The quorum of the Sanhedrin was twentythree. fta39 “Tribus, pseudo-propheta, sacerdos magnus, non nisi a septuaginta et unius judicum consessu judicantur” (Mishna, De Synedriis, 1. 5). fta40 But see Lightfoot and others. fta41 The adjuration was of course equivalent to putting the accused upon oath, and indeed seems to have been the usual way in which that was done. See Selden’s chapter “De Juramentis” in his book on Sanhedrins, and the other treatises on the same subject in vol. 26 of Ugolinus’ Thesaurus . fta42 Mishna, De Synedriis , 6. 2, note. So Cocceius · “Ita tenent Magistri, neminem ex propria confessione aut prophetiae vaticinio esse neci dandum.” And even Salvador: “Notre loi ne condamne jamais sur le simple aveu de l’accuse.” fta43 Of blasphemy in this proper sense, the cautious rule of the Mishna must be understood: “Nemo tenetur blasphemus, nisi expressit nomen” (De Synedriis , 7. 5).

THE ROMAN TRAIL ftb1 The name is still used in Scotland, having had there originally its old sense of “the deputy of a provincial judge appointed by him to look after money matters.” ftb2 “Crimen adversus populum Romanum vel adversus securitatem ejus” (Ulpian, Dig . 48. 4. 1). The origin of the name is plain. Cicero defines majestas as “magnitudo Populi Romani,” and the full name of the crime is “crimen laesae aut imminutae majestatis.” It is very adequately expressed by our word treason. ftb3 My kingdom is not of this world .” The word used is ko>smov not aijw>n . ftb4 The apocryphal “Acts of Pilate,” after giving this conversation with much accuracy, adds a few sentences which, while they rather vulgarize the previous utterances, indicate a special application of the words of Jesus which may have occurred to the mind of the governor as he passed from their higher suggestions to announce his judgment in the cause: “Pilate saith unto him, What is truth? Jesus said, Truth is from heaven. Pilate said, Therefore truth is not on earth. Jesus said to Pilate, Believe that truth is on earth among those who, when they have the power of judgment, are governed by truth and form right judgment.” ftb5 There is a curious historical question whether the wives of governors were at this time permitted to go down to the province with their husbands, which turns out in favor of Claudia Procula’s legitimate presence in Judaea. ftb6 Judex judicantium” (Goesius). ftb7 Ulpian, in the great age of Roman Law, an age somewhat later than that of Tiberius, explains that the crime of “majestas” was next to that of sacrilege. In truth, when the Caesar had become Divus, not only by apotheosis after death, but by the servile worship of a world while he was yet upon the throne, treason and sacrilege were not so much associated as united. And so the test proposed to later Christians by the tribunals often was, to adore the deity of Caesar. ftb8 Tacitus, Annales , 3. 39. ftb9 1 Liberty, Equality, Fraternity (by James Fitzjames Stephen, Q.C.), p. 87. ftb10 My view of his true character scarcely varies from that so tersely given by Dr. Ellicott: “A thorough and complete type of the later- Roman man of the world: stern, but not relentless; shrewd and worldworn, prompt and practical, haughtily just, and yet, as the early writers correctly perceived, self-seeking and cowardly; able to perceive what was right, but without moral strength to follow it out” (Historical Lectures , 6th ed. p. 350). Compare with Philo, in his letter on the Embassy to Caius. ftb11 “If this should appear harsh [the assertion that Pilate’s duty was simply to maintain the Roman power] I would appeal again to Indian experience. Suppose that some great religious reformer. . . say, for instance, someone claiming to be the Guru of the Sikhs, or the Imam in whose advent many Mohammedans devoutly believe — were to make his appearance in the Punjab or the North West Provinces. Suppose that there was good reason to believe — and nothing is more probable — that whatever might be the preacher ’s own personal intentions , his preaching was calculated to disturb the public peace and produce mutiny and rebellion; and suppose, farther (though the supposition is one which it is hardly possible to make even in imagination), that a British officer, instead of doing whatever might be necessary, or executing whatever orders he might receive, for the maintenance of British authority, were to consider whether he ought not to become a disciple of the Guru or Imam; — what course would we take towards him? He would be instantly dismissed with ignominy from the service which he would disgrace; and if he acted up to his convictions, and preferred his religion to his Queen and country, he would be hanged as a rebel and a traitor” (Liberty , Equality , Fraterntity ).

Of course a true parallel would rather be: Suppose the Guru or Imam were delivered to a British officer by his co-religionists on a charge of erecting a national system against the English Raj, and refusing to pay an English tax; that the officer, on personal examination, came to be satisfied that the man was innocent and the charge was false; that, to pacify the other priests, he proposed an intermediate punishment of one in whom he found no fault; that under great pressure brought against him to act contrary to his view he vacillated half a day; and that at last, on being threatened with a complaint to his official superiors which might endanger his place or promotion, he ordered his prisoner to torture or to death. Suppose all this, and suppose that the story came out fully on his arrival in London, in how many drawing-rooms would he be received?

But take it even that the case were not so bad. Assume that a British officer thought himself compelled to order for execution a native preacher whose “personal intentions” were not in the least hostile or seditious, because his preaching might in point of fact be, or had in point of fact been, dangerous to the English power, and because the example would have a good effect. This is about the best case made for Pilate. If done judicially, it would be a judicial murder. If done administratively, what ought it to be called? I believe there are few who would hold that mere “consideration” by a British officer, whether or not he should do such an act, would infer ignominity or disgrace to the service. I believe, on the contrary, that few British officers who considered it would, as the result, think themselves compelled or even entitled to do it. As to the farther question of becoming personally a disciple of a “higher form of morals” than any previously known (the immediate peace of the region being first cared for), there does not seem any other difficulty than what is dealt with in the text. ftb12 It is the same theory, conversely and mutatis mutandis , with Ultramontanism, and that not merely because in both the individual conscience is crushed under authority. “It appears to me,” says our author, “that the Ultramontane view of the relation between Church and State is the true one”(p.109), because, as is explained, Ultramontanes correctly hold that of the two powers one must be supreme, and the other must obey; and that there is no real distinction of a spiritual and a secular province in human life. The individual may thus have to obey the State even against his own religious convictions, but he and the State alike must obey the Church. ftb13 Liberty, Equality, Fraternity p.90. ftb14 “La seule chose a laquelle l’empire Romain ait declare la guerre, en fait de religion, c’est la theocratie. Son principe etait celui de l’etat laique; il n’admettait pas qu’une religion eut des consequences civiles ou politiques a aucun degre; il n’admettait surtout aucune association dans I’etat en dehors de l’etat. Ce dernier point est essential; il est, a vrai dire, la racine de toutes les persecutions. La loi sur les confreries, bien plus que l’intolerance religieuse, fut la cause fatale des violences qui deshonorerent les regnes des meilleurs souverains” (Renan ’s Les Apotres , p. 351). ftb15 “La pretexte de religion ou d’accomplissement de voeux en commun est prevu et formellement indique parmi les circonstances qui donnent a une reunion le caractere de delit; et ce delit n’etait autre que celui de lese-majeste, au moins pour l’individu qui avait provoque la reunion” (p. 362). ftb16 Pliny had reported his own scruples in punishing capitally those who were merely accused of having been Christians, but not of any underlying crime. But he added: “Those who persevered in calling themselves Christians, when thrice interrogated and threatened, I ordered for execution, having no doubt that whatever the name might mean, this pertinacity and inflexible obstinacy deserved punishment.”