Note 2 — Introductory material

No question has been more disputed than whether the Sanhedrim, during the rule of the Roman Procurators, possessed the power of putting to death persons convicted of capital crimes. The statement made, St. John xviii. 31, and the action of Albinus, who, A.D. 63, deposed the High Priest Ananus, because the Sanhedrim had put St. James to death without his sanction, seem conclusive that they could not capitally punish persons convicted of blasphemy, unless under the Procurator’s order. The case of St. Stephen, Acts viii., does not disprove this; for that was evidently a tumultuary procedure, no sentence having been pronounced. But the Sanhedrim certainly had the power of capitally punishing some offenders, as, for instance, any Gentile passing beyond the barrier between the Temple Courts (see Jos. B.J. vi. 2, 4), an offence closely resembling blasphemy. Possibly they could inflict death for certain specified crimes, but only for these. It would be quite consistent with the principle of Roman government to allow the High Priests to punish capitally persons convicted of grave moral offences, but not such as were only guilty in matters relating ‘to their own superstitions,’ as they would phrase it.