The Official Trial Before The Sanhedrin (22:66-71).
Luke is only concerned with the official and final trial before the Sanhedrin (all the Synoptics agree that such a final trial did take place - Matthew 27:1; Mark 15:1). He is keen to establish the fact that ‘all' the Jews were involved in this travesty of justice (see Acts 4:27). It was not just a few miscreant leaders who sentenced Jesus, it was the highest Jewish body in the land. Nor was he interested in the detail of the trial. He centres only on the final conclusion. To him that was the point that mattered.
With regard to regulations governing how the Sanhedrin had theoretically to operate, we have a general idea of these, although probably in an idealistic form, for they were formulated after the Sanhedrin had ceased to exist. Examples of these are:
· All charges had to be evidenced by at least two witness, independently examined (that had been true from the time of Moses).
A majority of at least two was required for any condemnation.
· Execution could not take place on the day that the sentence was given, because time must be allowed for reflection.
But these regulations might well have been seen as not applying to an informal night time ‘preparation' meeting by people who were not too fussy about their behaviour and were full of their own importance and the ‘justice' of their case. And except in so far as what was done there would actually need to be repeated in front of the official meeting of the Sanhedrin, they were probably not overly concerned. After all, no one would ever know but them. And indeed, in view of this, what is interesting is rather how carefully they did on the whole stick to the most important rules out of habit, partly in order to justify themselves to their own consciences, and partly with the whole Sanhedrin in mind. It was only when he became over-exasperated at the failure to make any charges stick that the High Priest forgot himself. And he did not do it before the official Sanhedrin. Nor was it in the end relevant whether the Sanhedrin had to wait a day before carrying out sentence, for they did not actually intend to carry out any sentence. Having made their decision they rather intended to hand Jesus over to Pilate to be tried as a ‘self-confessed' Messiah and revolutionary. And there were no such restrictions on Pilate. They would assure themselves that it was not their fault if he did it in a hurry.
But what we can certainly say beyond question is that they did not observe the spirit of the Law. However, that is hardly unusual, even in our own less authoritarian days. It is in fact very rarely that authorities observe the spirit of the law unless it is in their favour. All they are concerned about (where they are concerned) is being able to do what they want while being at the same time able to prove that they have not broken the letter of the law. And we are given no grounds for thinking that the official Sanhedrin broke the letter of the Law. Even the adjuring of Jesus to speak the truth about a question put to Him by the High Priest did not take place at the official meeting of the Sanhedrin, where it would almost certainly have been frowned on, if not illegal. It took place in private. It certainly broke the spirit of the Law, but perhaps in view of the occasion it did not strictly break the letter of the Law. And once they had had His unofficial confession, the Sanhedrin then only had to ask Him whether it was true when He was undergoing questioning, the better of them possibly not even being aware of what led up to it. (And even that is not said to be a trial, for they did not pass a sentence. Rather they decided to hand Him over to Pilate). So when He replied ‘satisfactorily' they did not need to resort to illegal tactics. On paper they were satisfied that all was legal. In reality it was a mockery.
Analysis.
a As soon as it was day, the assembly of the elders of the people was gathered together, both chief priests and scribes, and they led Him away into their council, saying (Luke 22:66).
b “If you are the Messiah (the Christ), tell us.” But He said to them, “If I tell you, you will not believe, and if I ask you, you will not answer (Luke 22:67-68).
c “But from henceforth the Son of man will be seated at the right hand of the power of God” (Luke 22:69).
b And they all said, “Are you then the Son of God?” And He said to them, “You say that I am” (Luke 22:70).
a And they said, “What further need have we of witness? For we ourselves have heard from His own mouth” (Luke 22:71).
Note how in ‘a' He is brought before the Council (the Sanhedrin) to be tried and in the parallel they consider Him convicted out of His own mouth. In ‘b' they question whether He is the Messiah and He replies, while in the parallel they question Him as to whether He is the Son of God, and He replies. Central to all in ‘c' is His declaration that He will shortly be seated at the right hand of the power of God. It is that which is to be emphasised the most.