29
The Ultimate Miscarriage of Justice
(Mark 14:53–65)
They led Jesus away to the high priest; and all the chief priests and the elders and the scribes gathered together. Peter had followed Him at a distance, right into the courtyard of the high priest; and he was sitting with the officers and warming himself at the fire. Now the chief priests and the whole Council kept trying to obtain testimony against Jesus to put Him to death, and they were not finding any. For many were giving false testimony against Him, but their testimony was not consistent. Some stood up and began to give false testimony against Him, saying, “We heard Him say, ‘I will destroy this temple made with hands, and in three days I will build another made without hands.’” Not even in this respect was their testimony consistent. The high priest stood up and came forward and questioned Jesus, saying, “Do You not answer? What is it that these men are testifying against You?” But He kept silent and did not answer. Again the high priest was questioning Him, and saying to Him, “Are You the Christ, the Son of the Blessed One?” And Jesus said, “I am; and you shall see the Son of Man sitting at the right hand of Power, and coming with the clouds of heaven.” Tearing his clothes, the high priest said, “What further need do we have of witnesses? You have heard the blasphemy; how does it seem to you?” And they all condemned Him to be deserving of death. Some began to spit at Him, and to blindfold Him, and to beat Him with their fists, and to say to Him, “Prophesy!” And the officers received Him with slaps in the face. (14:53–65)
The book of Deuteronomy contains Moses’s final instruction to the Israelites as they prepared to enter the Promised Land. Its main theme is unmistakably clear: if the people responded to the Lord God in love and obedience, they would experience His blessing; but if they did not, they would receive His judgment. As they conquered Canaan and established their new nation, they needed to remember that only by following God’s statutes could they cultivate a society that would prosper and flourish.
Part of that instruction emphasized the responsibility of the people to govern themselves in a way that was righteous and just. In Deuteronomy 16:18–20, Moses explained,
You shall appoint for yourself judges and officers in all your towns which the Lord your God is giving you, according to your tribes, and they shall judge the people with righteous judgment. You shall not distort justice; you shall not be partial, and you shall not take a bribe, for a bribe blinds the eyes of the wise and perverts the words of the righteous. Justice, and only justice, you shall pursue, that you may live and possess the land which the Lord your God is giving you.
Throughout Israel’s history, a concerted effort was made to uphold that divine imperative. By the time of Jesus’ ministry in the first century, the Jewish people had developed a sophisticated system of jurisprudence based on the principles outlined in the Mosaic law. They prided themselves on maintaining a just and equitable society, enforced by a system of courts and judges.
A local council, or court, could be established in any town with at least 120 men who were heads of their household. Each council, known as a sanhedrin (from the Greek word sunedrion, meaning “sitting together”), provided legal governance to its community. These local councils were composed of twenty-three men, often drawn from the leadership of the synagogue. An odd number of council members ensured that, whenever they voted on an issue or determined a verdict at a trial, there would always be a majority decision.
The supreme court of Israel was located in Jerusalem and met daily in the temple, except on the Sabbath and other holy days. Known as the Great Sanhedrin, it consisted of seventy-one members, including the high priest (who presided over the council) and representatives from the chief priests, elders, and scribes. Alternatively called “the Council of the elders” (Luke 22:66; cf. Acts 22:5) or “the Senate of the sons of Israel” (Acts 5:21), the Great Sanhedrin was the most powerful Jewish legislative and judicial body. Though it had been founded on the principles established in the Mosaic law, the Great Sanhedrin had become significantly corrupted, both religiously and politically, by the time of Christ. Nepotism, social prominence, and political considerations (including the self-serving interests of Herod and the Romans) heavily influenced who was appointed to the council, including who filled the role of high priest.
Based on the stipulations articulated in the Old Testament, the Jewish legal system provided those accused of a crime with several protections: a public trial held during daylight hours, an adequate opportunity to make a defense, and the rejection of any charge unless it was supported by the testimony of at least two witnesses. Perjury (bearing false witness) was taken very seriously (cf. Ex. 20:16). If a person falsely accused another of a crime, the penalty for that crime was to be enacted against the perjurer. As Deuteronomy 19:16–19 explains:
If a malicious witness rises up against a man to accuse him of wrongdoing, then both the men who have the dispute shall stand before the Lord, before the priests and the judges who will be in office in those days. The judges shall investigate thoroughly, and if the witness is a false witness and he has accused his brother falsely, then you shall do to him just as he had intended to do to his brother. Thus you shall purge the evil from among you.
Additionally, in cases where the death penalty was enacted, the people who testified against the accused had to inflict the first blows of execution (Deut. 17:7). Since the Jewish form of capital punishment was stoning, this meant the witnesses had to cast the first stones. Doing so ensured that they had a clear conscience in standing behind their testimony and would back up their words with action.
In capital cases, Jewish law mandated that a full day must pass between the announcement of the guilty verdict and the carrying out of the death sentence. During that intervening time period, the members of the court were required to fast, taking time to reflect soberly on the verdict they had delivered. The delay also allowed for further testimony or evidence to be found. Consequently, trials were not conducted on the day before a feast, when fasting was not permitted. When it operated according to its rules and regulations, the Jewish system of jurisprudence was merciful and fair. But at the trial of Jesus, the Great Sanhedrin disregarded nearly every one of its own statutes.
Jesus’s trial included two major phases, the Jewish phase and the Gentile phase, each of which consisted of three parts. When tried by the religious authorities (the Jewish trial), Jesus appeared before Annas (John 18:13–24), then Caiaphas and the Sanhedrin (Mark 14:53–65; cf. Matt. 26:57–68; Luke 22:54), and then the Sanhedrin a second time after dawn (Luke 22:66–71). From there, He was sent to the secular authorities (the Roman trial), where He stood before Pilate (Mark 15:1–5; cf. Matt. 27:11–14; Luke 23:1–5; John 18:28–38), then Herod Antipas (Luke 23:6–12), and then Pilate again (Mark 15:6–15; cf. Matt. 27:15–26; Luke 23:13–25; John 18:33–19:16).
Mark, in this section, focuses on the second part of the Jewish trial, when Jesus was unjustly convicted by Caiaphas and the Sanhedrin. Everything that happened that night was a miscarriage of justice. That wicked men would falsely condemn the perfect Son of God made it the ultimate injustice. In clear violation of Mosaic law, Jesus’ trial took place in private, at night, away from the temple, and just hours before the Passover began. His enemies brought charges without credible witnesses, gave no opportunity for a proper defense, pronounced an illegitimate verdict, and sought immediate execution the same day. From the arraignment to the interrogation to the testimonies to the sentencing, nothing about the proceedings was legal or just.
They led Jesus away to the high priest; and all the chief priests and the elders and the scribes gathered together. Peter had followed Him at a distance, right into the courtyard of the high priest; and he was sitting with the officers and warming himself at the fire. (14:53–54)
Having been arrested in the garden of Gethsemane long before dawn, Jesus was led away in the darkness to be tried at the house of the high priest. A guilty verdict had already been determined before the trial began (cf. John 11:50), making the procedure a mere formality, in which all the chief priests and the elders and the scribes gathered together in order to condemn Him.
Though not recorded in the Synoptic Gospels, John indicates that Jesus was first taken to Annas, a former high priest, before being brought to Caiaphas and the Sanhedrin. As John explains, “So the Roman cohort and the commander and the officers of the Jews, arrested Jesus and bound Him, and led Him to Annas first; for he was father-in-law of Caiaphas, who was high priest that year” (John 18:12–13). Although Annas had served as high priest earlier (from A.D. 6–15), having been removed by Rome for unknown reasons, he continued to wield significant influence at this time through his son-in-law, Caiaphas, who served as the high priest from A.D. 18 to 36. At one time or another, five of Annas’s sons held the office of high priest, in addition to his son-in-law. Like a first-century mafia family, Annas and his sons controlled the lucrative temple operation, including money changing and the sale of sacrificial animals, which was so closely associated with him that it became notoriously nicknamed the Bazaar of Annas. Jesus disrupted the corrupt enterprise when He singlehandedly evacuated the temple earlier that week (Mark 11:15–18).
While the members of the Sanhedrin gathered at the house of Caiaphas, likely located across the courtyard from the residence of Annas, Jesus appeared before the former high priest to be questioned and arraigned. John 18:19–24 describes that scene with these words:
The [former] high priest then questioned Jesus about His disciples, and about His teaching. Jesus answered him, “I have spoken openly to the world; I always taught in synagogues and in the temple, where all the Jews come together; and I spoke nothing in secret. Why do you question Me? Question those who have heard what I spoke to them; they know what I said.” When He had said this, one of the officers standing nearby struck Jesus, saying, “Is that the way You answer the high priest?” Jesus answered him, “If I have spoken wrongly, testify of the wrong; but if rightly, why do you strike Me?” So Annas sent Him bound to Caiaphas the high priest.
Clearly, Annas’s only interest in Jesus was to create false evidence with which he could manufacture a case against Him. The questions directed at Jesus were not intended to uncover the truth but to trap Him so that He would incriminate Himself. As the Lord noted in His reply, if Annas actually wanted to know the truth, he could easily discover it by asking any of the countless thousands of people who had heard Jesus teach. His ministry had been a matter of public record. Moreover, Jesus’ words reminded Annas that, legally, he was required to call witnesses if he wanted to bring charges against Him. The Lord’s response was neither inappropriate nor inaccurate. But it exposed Annas’s corrupt intentions, prompting one of the officers standing nearby to retaliate with violence for the insult.
Though Annas had many reasons to hate Jesus, especially since He had disrupted the temple twice (John 2:13–17; Mark 11:15–18), he could find nothing for which to charge Him of a capital offense. With no official charges made, Jesus should have been released. Instead, Annas sent Him to Caiaphas and the Sanhedrin for the next attempt to fabricate a crime worthy of death. By that time, the entire council had gathered together at Caiaphas’s house.
Mark interrupts the narrative at this point with a parenthetical comment about Peter. Torn by mixed feelings of fear and loyalty, the former fisherman had followed Jesus at a distance, and come right into the courtyard of the high priest (cf. John 18:15–16). Hoping to remain incognito while sitting with the officers and warming himself at the fire, Peter placed himself in a precarious position. He would soon be recognized as one of Jesus’ disciples, and as the questions began to mount Peter’s courage eroded into denial (cf. 14:66–72).
Now the chief priests and the whole Council kept trying to obtain testimony against Jesus to put Him to death, and they were not finding any. For many were giving false testimony against Him, but their testimony was not consistent. Some stood up and began to give false testimony against Him, saying, “We heard Him say, ‘I will destroy this temple made with hands, and in three days I will build another made without hands.’” Not even in this respect was their testimony consistent. (14:55–59)
Having failed to incriminate Jesus, Annas sent Him to Caiaphas’s house where the entire Sanhedrin was assembled. No official indictment had yet been made against Jesus, nor had any credible evidence of a violation been produced. Knowing they needed to charge Him before they could convict Him, the chief priests and the whole Council kept trying to obtain testimony against Jesus to put Him to death. Mark likely singled out the chief priests because they were the primary instigators in the case against Jesus, leading the whole Council in their quest to condemn and murder Him.
According to Jewish law, the Sanhedrin was not permitted to initiate charges. They could only investigate and adjudicate the cases that were presented to them. Yet, at the trial of Jesus, the members of the council illegally acted as prosecutors searching for grounds on which to indict Him. But they were not finding any charge against Jesus. Though many were giving false testimony against Him, being willing to lie in order to manufacture a capital crime (Matt. 26:59), their testimony was not consistent. Instead of proving His guilt, their contradictory stories only highlighted the stark contrast between His innocence and the blatant corruption of all who spoke.
Eventually they found two willing liars (Matt. 26:60) who stood up and began to give false testimony against Him, saying, “We heard Him say, ‘I will destroy this temple made with hands, and in three days I will build another made without hands.’” Twisting words the Lord had spoken three years earlier (in John 2:19), these false witnesses claimed that Jesus threatened to destroy the actual temple (cf. v. 20). Jesus, of course, had been referring to His body and the fact that He would be raised after three days (cf. vv. 21–22). Again, the allegations brought against Him were garbled. As Mark explains, not even in this respect was their testimony consistent.
That night at the house of Caiaphas, in clear violation of Deuteronomy 19, the Sanhedrin tried to construct a case against Jesus based entirely on lies. Because Jesus was sinless, no true testimony could have ever been produced that would have justly incriminated Him. Yet, even when resorting to the malicious testimony of perjurers, His enemies still could not coordinate a case against Him.
THE ILLEGAL INTERROGATION
The high priest stood up and came forward and questioned Jesus, saying, “Do You not answer? What is it that these men are testifying against You?” But He kept silent and did not answer. (14:60–61a)
Repeated efforts to concoct a case against Jesus had failed until two witnesses agreed in claiming that Jesus threatened to destroy the temple. Hearing their testimony, Caiaphas pounced. The high priest stood up and came forward and questioned Jesus, saying, “Do You not answer? What is it that these men are testifying against You?” Because He was innocent, Jesus knew no reply was necessary. Thus He kept silent and did not answer. The Lord’s silence was that of integrity, innocence, and majestic tranquility. He refused to give these mock proceedings any appearance of legitimacy. Moreover, the Lord knew the words of Isaiah 53:7, which prophesied of the Messiah, “He was oppressed and He was afflicted, yet He did not open His mouth; like a lamb that is led to slaughter, and like a sheep that is silent before its shearers, so He did not open His mouth.” The silence of Jesus was in stark contrast to the lies that reverberated throughout the court.
Though motivated by pure evil and hatred, and though using illegal and unjust means to condemn the Son of God, the Jewish leaders were nonetheless fulfilling the redemptive purposes of His Father. Their abject wickedness would be used to magnify God’s perfect righteousness (cf. Gen. 50:20; Rom. 8:28). A short time earlier, when the Sanherdrin had plotted to murder Him, Caiaphas had told the council,
“You know nothing at all, nor do you take into account that it is expedient for you that one man die for the people, and that the whole nation not perish.” Now he did not say this on his own initiative, but being high priest that year, he prophesied that Jesus was going to die for the nation, and not for the nation only, but in order that He might also gather together into one the children of God who are scattered abroad. (John 11:49–52)
God turned the malicious words of Caiaphas into a prophecy regarding the substitutionary nature of the death of His Son. As that example demonstrates, everything Jesus’ enemies did to cause His suffering was actually used by God to accomplish His eternal plan of salvation (cf. Acts 2:22–24; 4:27–28; 5:30–31; 13:26–33).
THE ILLEGAL SENTENCE
Again the high priest was questioning Him, and saying to Him, “Are You the Christ, the Son of the Blessed One?” And Jesus said, “I am; and you shall see the Son of Man sitting at the right hand of Power, and coming with the clouds of heaven.” Tearing his clothes, the high priest said, “What further need do we have of witnesses? You have heard the blasphemy; how does it seem to you?” And they all condemned Him to be deserving of death. Some began to spit at Him, and to blindfold Him, and to beat Him with their fists, and to say to Him, “Prophesy!” And the officers received Him with slaps in the face. (14:61b–65)
Enraged by Jesus’ silence, the high priest continued to barrage Jesus with accusatory questions. Again the high priest was questioning Him, and saying to Him, “Are You the Christ, the Son of the Blessed One?” The Blessed One was a reference to God the Father. According to the parallel passage in Matthew 26:63, Caiaphas accented his question by invoking God Himself: “I adjure You by the living God, that You tell us whether You are the Christ, the Son of God.” In his presumption and arrogance, the high priest hypocritically demanded truth from Jesus while perpetuating lies against Him.
Nonetheless, this was the first legitimate question posed to Jesus throughout the entire trial. It was a straightforward inquiry that called for a truthful response. The Lord understood, of course, that Caiaphas was hoping to trap Him in a statement the council would regard as blasphemous. The high priest knew that Jesus had repeatedly claimed to be the Messiah (cf. Luke 4:18–21; John 4:25–26; 5:17–18; 8:58) and to be the Son of God, making Himself equal with God (John 5:18; 8:16–19; 10:29–39). He hoped to coax Jesus to repeat that claim before the Sanhedrin.
The Lord Jesus knew exactly what was happening. But rather than sidestepping the issue or remaining silent, He responded with a bold and unambiguous declaration of both His messiahship and deity. Referencing Psalm 110:1 and Daniel 7:13–14, Jesus said, “I am; and you shall see the Son of Man sitting at the right hand of Power, and coming with the clouds of heaven.” The title Son of Man was a well-known designation for the Messiah (Dan. 7:13–14), and Power was a figurative title for God (cf. Acts 2:33; 7:55). With undaunted majesty, Jesus faced His accusers and announced to them that He was their Messiah and their divine Judge. Though they might kill Him that day, He would rise again and ascend to the right hand of His Father. And though they might judge Him unjustly, He would judge them eternally with perfect justice (cf. John 5:22).
Jesus knew that His statement would seal His death. But He was ready. Having endured the agony of temptation in the garden of Gethsemane, He had already determined to submit to the Father’s will all the way to the cross (cf. Mark 14:36). With feigned outrage, Caiaphas responded to Jesus’ words by tearing his clothes, a symbol of righteous indignation. The Jews typically tore their garments as an expression of immense grief (cf. Gen. 37:29; Lev. 10:6; Job 1:20; Acts 14:14). According to Leviticus 21:10, the high priest was forbidden to tear his clothes, though the Talmud allowed it in cases when God was blasphemed. On the outside, Caiaphas pretended to honor God by rending his garments in supposed horror and shock over blasphemy by Jesus. But inwardly, the hypocritical high priest cared nothing about honoring God. He was elated to have finally found a means by which to condemn the incarnate God.
Exultant in his apparent victory, the high priest said, “What further need do we have of witnesses?” His rhetorical question indicated that the case was closed and the verdict set. The members of the Sanhedrin finally had what they needed to support before the people the sentence they had predetermined to pass. Witnesses who could agree on an accusation against Jesus were no longer needed. Caiaphas’s second question called for an immediate verdict, “You have heard the blasphemy; how does it seem to you?” The Old Testament identified blasphemy as defiant irreverence of God (cf. Lev. 24:10–23), and taught that “the one who blasphemes the name of the Lord shall surely be put to death” (v. 16). For a mere man to claim equality with God was rightly regarded as blasphemy (cf. John 5:18). But the sentence Caiaphas called for was illegal because Jesus was not guilty of blasphemy. The Lord’s words were absolutely true. He was the Messiah, the Son of God, the One who had come from heaven. In reality, the high priest and the other members of the council were the blasphemers (cf. Luke 22:65).
Normally, a decision in the Sanhedrin followed an orderly process, in which members cast their votes one at a time, starting with the younger members so that they would not be unduly influenced by the older members. The votes were carefully tabulated by a scribe. But on this night, the council was characterized by a mob mentality in which they all condemned Him to be deserving of death. (It might be noted that Joseph of Arimathea, whom Luke 23:50–51 indicates was a member of the Sanhedrin who did not approve of Jesus’ condemnation, was apparently not present for this part of the proceedings.)
The Sanhedrin knew they would need to elicit Rome’s help to execute Jesus. Because a claim of equality with God was not a crime the Romans deemed worthy of death, the Jewish leaders had invented new charges about which Rome would be concerned. When they later brought Jesus to Pilate, they alleged that He was guilty of fomenting an insurrection against the empire. They told the governor, “We found this man misleading our nation and forbidding to pay taxes to Caesar, and saying that He Himself is Christ, a King” (Luke 23:2). Once again, they invented a bald-faced lie in order to see Jesus condemned and executed.
The members of the Sanhedrin responded to Jesus’ alleged blasphemy by raucously declaring Him worthy of death. In their anger and hatred, some began to spit at Him, and to blindfold Him, and to beat Him with their fists, and to say to Him, “Prophesy!” Revealing their true decadence, the supreme court of Israel descended into chaos and resorted to shameful physical abuse. For the Jews, the act of spitting constituted the most detestable form of personal insult (cf. Num. 12:14; Deut. 25:9). Taking matters one step further, they blindfolded Jesus in order to strike Him with their fists. Their jeering taunt, “Prophesy!” expressed their irreverent mockery of His divine omniscience. The parallel passage in Matthew 26:68 provides a fuller statement of their scornful derision, “Prophesy to us, You Christ; who is the one who hit You?” Jesus, of course, knew exactly who was hitting Him. Yet He said nothing. Then, after they grew tired of the taunts and abuse, they turned Jesus back over to the temple police. The officers received Him, and following the pattern continued the abuse with slaps in the face.
The maltreatment Jesus suffered at their hands fulfilled exactly what He had earlier told His disciples,
The Son of Man will be delivered to the chief priests and the scribes; and they will condemn Him to death and will hand Him over to the Gentiles. They will mock Him and spit on Him, and scourge Him and kill Him, and three days later He will rise again. (Mark 10:33–34)
As noted above, the Lord understood that the wicked actions of these men would be used by God to accomplish His redemptive purposes.
Caiaphas and his fellow council members may have sat in judgment over Jesus that one night, but they would stand before His glorious throne to face eternal judgment (Heb. 9:27). Like them, every sinner who rejects Christ will one day face punishment for their unbelief (cf. Matt. 23:15). Yet, it was for the sake of sinners that Jesus endured those very hostilities, so that all who would embrace Him in saving faith might escape that judgment and receive eternal life (cf. John 3:15–18; 11:25–26). As the apostle Peter explained in his first epistle,
While being reviled, He did not revile in return; while suffering, He uttered no threats, but kept entrusting Himself to Him who judges righteously; and He Himself bore our sins in His body on the cross, so that we might die to sin and live to righteousness; for by His wounds you were healed. (1 Peter 2:23–24)