Testimony of the Evangelist
Encyclopedia
The Testimony of the Evangelists, Examined by the Rules of Evidence Administered in Courts of Justice is an 1846 Christian apologetic
Christian apologetics
Christian apologetics is a field of Christian theology that aims to present a rational basis for the Christian faith, defend the faith against objections, and expose the perceived flaws of other world views...

 work by Simon Greenleaf
Simon Greenleaf
Simon Greenleaf , American lawyer and jurist, was born at Newburyport, Massachusetts.-Early life and legal career:...

, a principal founder of the Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

.

Greenleaf's Treatise on the Law of Evidence, published in three volumes between 1842 and 1853, forms the basis for his study of the Gospels. Greenleaf came to the conclusion that the witnesses were reliable, and the resurrection of Jesus
Resurrection of Jesus
The Christian belief in the resurrection of Jesus states that Jesus returned to bodily life on the third day following his death by crucifixion. It is a key element of Christian faith and theology and part of the Nicene Creed: "On the third day he rose again in fulfillment of the Scriptures"...

 occurred. Testimony of the Evangelists is sometimes cited by contemporary Christian apologists.

Summary

Greenleaf begins his book by arguing for the need to suspend prejudices and to be open to conviction, "to follow the truth wherever it may lead us" (p.1). He cites Bishop Daniel Wilson's Evidences by stating that Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...

 does not "bring irresistible evidence" but offers sufficient evidences for "the serious inquirer" (p. 2). He limits the scope of his book to an inquiry "to the testimony of the Four Evangelists
Four Evangelists
In Christian tradition the Four Evangelists are Matthew, Mark, Luke, and John, the authors attributed with the creation of the four Gospel accounts in the New Testament that bear the following titles:*Gospel according to Matthew*Gospel according to Mark...

, bringing their narratives to the tests to which other evidence is subjected in human tribunals" (p. 2). His specific inquiry is concerned with testing "the veracity of these witnesses by the same rules and means" employed in human tribunals (p. 3). Greenleaf argues the case by first inquiring as to the genuineness of the four gospels as ancient writings. Here he applies what is known in law as the ancient document
Ancient document
An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule.-Authentication:...

s rule, stating that "Every document, apparently ancient, coming from the proper repository or custody, and bearing on its face no evident marks of forgery
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...

, the law presumes to be genuine, and devolves on the opposing party the burden of proving it to be otherwise" (p. 7). Greenleaf maintains that the Four Gospels do not bear any marks of being forgeries and the oldest extant copies may be received into court as genuine documents.

Greenleaf proceeds to argue that "In matters of public and general interest, all persons must be presumed to be conversant, on the principle that individuals are presumed to be conversant with their own affairs" (p. 9). On the basis of this legal rule, Greenleaf briefly profiles those traditionally attributed as authors of the Four Gospels, Matthew
Matthew the Evangelist
Matthew the Evangelist was, according to the Bible, one of the twelve Apostles of Jesus and one of the four Evangelists.-Identity:...

, Mark
Mark the Evangelist
Mark the Evangelist is the traditional author of the Gospel of Mark. He is one of the Seventy Disciples of Christ, and the founder of the Church of Alexandria, one of the original four main sees of Christianity....

, Luke
Luke the Evangelist
Luke the Evangelist was an Early Christian writer whom Church Fathers such as Jerome and Eusebius said was the author of the Gospel of Luke and the Acts of the Apostles...

 and John
John the Evangelist
Saint John the Evangelist is the conventional name for the author of the Gospel of John...

, concerning (in the case of John and Matthew) their firsthand knowledge of the life of Jesus of Nazareth
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...

 and (in the case of Mark and Luke) their intimate personal links with Jesus' original band of disciples.

Greenleaf then builds a cumulative case by claiming to cross-examine the oral testimony of the evangelists in their accounts of the death and resurrection of Jesus
Death and Resurrection of Jesus
The Christian belief in the resurrection of Jesus states that Jesus returned to bodily life on the third day following his death by crucifixion. It is a key element of Christian faith and theology and part of the Nicene Creed: "On the third day he rose again in fulfillment of the Scriptures"...

. Greenleaf develops his case on the basis of the following tests:
"The credit due to the testimony of witnesses depends upon, firstly, their honesty; secondly, their ability; thirdly, their number and the consistency of their testimony; fourthly, the conformity of their testimony with experience; and fifthly, the coincidence of their testimony with collateral circumstances" (p. 28).


Greenleaf then argues that the gospel writers can be shown to be honest in their character and do not show any motives to falsify their testimony (pp.28-31). He claims that keen observations and meticulous details are related by Matthew and Luke, and he concludes this demonstrates their ability (pp. 31-32). Greenleaf notes that there are parallel accounts from the evangelists concerning the central events of Jesus' life and that these accounts are not verbally identical. He maintains that discrepancies in their accounts are evidence that the writers are not guilty of collusion, and that the discrepancies in their respective accounts can be resolved or harmonized upon careful cross-examination and comparison of the details (pp 32-35). Greenleaf argues against the scepticism of the Scottish empirical philosopher David Hume
David Hume
David Hume was a Scottish philosopher, historian, economist, and essayist, known especially for his philosophical empiricism and skepticism. He was one of the most important figures in the history of Western philosophy and the Scottish Enlightenment...

 concerning reports of miracles. He finds fault with Hume's position about "immutable laws from the uniform course of human experience" (p. 36), and goes on to assert that it is a fallacy because "it excludes all knowledge derived by inference or deduction from facts, confining us to what we derive from experience alone" (pp. 37-38). Greenleaf takes as his own assumption that as God exists then such a being is capable of performing miracles. He then argues that the various miracles reported in Jesus' ministry occurred in open or public contexts where friend and foe alike were witnesses (pp 39-42). Lastly, Greenleaf examines the problem of uniform testimony among false and genuine witnesses, and finds there is sufficient circumstantial evidence to support the accounts of the Four Evangelists.

Greenleaf sums up his argument with the following plea:
"All that Christianity asks of men on this subject, is, that they would be consistent with themselves; that they would treat its evidences as they treat the evidence of other things; and that they would try and judge its actors and witnesses, as they deal with their fellow men, when testifying to human affairs and actions, in human tribunals. Let the witnesses be compared with themselves, with each other, and with the surrounding facts and circumstances; and let their testimony be sifted, as if it were given in a court of justice, on the side of the adverse party, the witnesses being subjected to a rigorous cross-examination. The result, it is confidently believed, will be an undoubting conviction of their integrity, ability and truth ... Either the men of Galilee were men of superlative wisdom, and extensive knowledge and experience, and of deeper skill in the arts of deception, than any and all others, before or after them, or they have truly stated the astonishing things which they saw and heard" (pp. 46 & 53).

Literary importance in Christian apologetics

In the history of Christian apologetics there have been many lawyers who have written texts commending and defending their faith. In recent years writers such as John Warwick Montgomery
John Warwick Montgomery
John Warwick Montgomery is a noted lawyer, professor, Lutheran theologian, and prolific author living in France. He was born October 18, 1931, in Warsaw, New York, United States. In 2007 he was named "Distinguished Research Professor of Philosophy and Christian Thought" at Patrick Henry College...

, Ross Clifford
Ross Clifford
Ross Clifford is an Australian Baptist theologian, political commentator, radio personality and author. A former lawyer who later joined the ministry, Clifford became a campaigner on moral issues while a suburban Sydney pastor in the 1980s...

 and Philip Johnson have described the contributions made by lawyers as a distinct school of thought and use the terms "juridical apologetics", "jural apologetics" and "legal apologetics". These writers point to the Seventeenth century Dutch legal scholar Hugo Grotius
Hugo Grotius
Hugo Grotius , also known as Huig de Groot, Hugo Grocio or Hugo de Groot, was a jurist in the Dutch Republic. With Francisco de Vitoria and Alberico Gentili he laid the foundations for international law, based on natural law...

 as one of the first juridical apologists. Montgomery, Clifford and Johnson argue that Greenleaf may be ranked as one of the most important representative figures of this particular school of apologetic thought. Johnson states that Greenleaf, "must be regarded as the pivotal figure in juridical apologetics."http://www.trinitysem.edu/journal/philjohnsonpap.html

As a Christian apologist of the mid-Nineteenth century, Greenleaf was one of many writers who contributed to the debates that ensued on both sides of the Atlantic concerning the historicity of the gospel accounts in general, and specifically the miracle
Miracle
A miracle often denotes an event attributed to divine intervention. Alternatively, it may be an event attributed to a miracle worker, saint, or religious leader. A miracle is sometimes thought of as a perceptible interruption of the laws of nature. Others suggest that a god may work with the laws...

 of the resurrection of Jesus Christ. Part of his argument relied on earlier Christian apologists such as William Paley
William Paley
William Paley was a British Christian apologist, philosopher, and utilitarian. He is best known for his exposition of the teleological argument for the existence of God in his work Natural Theology, which made use of the watchmaker analogy .-Life:Paley was Born in Peterborough, England, and was...

, Thomas Hartwell Horne
Thomas Hartwell Horne
Thomas Hartwell Horne , was a theologian, and librarian. He was born in London and educated at Christ's Hospital. He then became a clerk to a barrister, and used his spare time to write. He was initially affiliated with the Wesleyans but later joined the Church of England.Horne wrote more than...

, and Mark Hopkins
Mark Hopkins (educator)
Mark Hopkins was an American educator and theologian.-Life and career:Great-nephew of the theologian Samuel Hopkins, Mark Hopkins was born in Stockbridge, Massachusetts...

, and he cites their works in The Testimony of the Evangelists. Here he followed the basic appeals to logic, reason, and historical evidences on behalf of the Bible generally, and in defence of the possibility of miracles occurring.

However, what distinguished Greenleaf from previous apologists is that he is the first American apologist to develop an argument favoring the reliability of the gospels and specifically on the evidences for the resurrection of Jesus Christ using technical legal criteria. His technical arguments concerning the evidentiary weight of the eyewitness passages found in the gospel narratives, the criteria for cross-examining that eyewitness testimony, and the claimed status of the gospels as competent evidence, have been relied on and restated by several American Christian apologists of the nineteenth and twentieth centuries, such as Clarence Bartlett (As A Lawyer Sees Jesus), Walter M. Chandler (The Trial of Jesus), Pamela Binnings Ewen (Faith on Trial), Francis J. Lamb (Miracle and Science), Irwin H. Linton (A Lawyer Examines the Bible), Josh McDowell
Josh McDowell
Joslin "Josh" McDowell is a Christian apologist, evangelist, and writer. He is within the Evangelical tradition of Protestant Christianity, and is the author or co-author of some 77 books. His best-known book is Evidence That Demands a Verdict, which was ranked 13th in Christianity Today's list of...

 (More Than A Carpenter, The Resurrection Factor), Howard Hyde Russell
Howard Hyde Russell
Howard Hyde Russell was the founder of the Anti-Saloon League.Following a religious conversion, he gave up the practice of law to become a minister....

 (A Lawyer's Examination of the Bible),Joseph Evans Sagebeer (The Bible in Court), and Stephen D. Williams (The Bible in Court or Truth vs Error).

Critical assessment

There are two examples of writers in recent years who have made critical assessments of Greenleaf's work, and of legal apologists who model their arguments on his book. Howard Richard Packham is a retired foreign language instructor and former part-time estate planning attorney who holds to an atheist worldview. He has written an internet article criticising the technical arguments set forth by Greenleaf and others. http://www.infidels.org/library/modern/richard_packham/montgmry.html Packham holds that what Greenleaf submits as eyewitness testimony is technically hearsay
Hearsay in United States law
Hearsay is the legal term for testimony in a court proceeding where the witness does not have direct knowledge of the fact asserted, but knows it only from being told by someone. In general the witness will make a statement such as, "Sally told me Tom was in town," as opposed to "I saw Tom in...

and therefore does not comprise direct evidence to demonstrate the resurrection of Jesus. He also holds that the criteria for the "ancient documents rule" is not met by the gospel documents and that the force of Greenleaf's argument is thereby undermined. Packham argues that the ancient documents rule technically only applies to a limited genre of legal documents, such as wills and contracts and other specific legal instruments, to which the gospels do not belong. However, there are problems in Packham's argument. The Ancient Documents Rule is not limited to express legal instruments, but covers any type of documents. The criteria for the Ancient Documents Rule is simple and straightforward. According to legal authorities, documents of any type must meet three criteria in order to qualify for the Ancient Documents Rule: 1) that the document is at least 20 years old, 2) presumed to be genuine, 3) come from proper custody (cf. Black's Law Dictionary, FRE 901(b)(8)). Greenleaf, as a writer of highest legal authority, concluded that the Gospels should be received under the ancient documents rule. In §9 of his Testimony of the Evangelists, Greenleaf cites the legal reception by the British Record Commission of the Domesday Book and Ancient Statues of Wales, as well as many other ancient writings. Packham maintains that in a court procedure it is up to a judge to decide if a document may be admitted. However, the issue of allowing any evidence is whether the evidence has enough value for the trier of fact to reach a conclusion, whether for or against (FRE 104 (b) notes). Packham also argues that admitting a document is not tantamount to saying that its contents have automatically been authenticated by the judge's decision. However, that means the written document is allowed into evidence in the case and that evidence of its contents have to be further weighed by the trier of fact. The interesting dilemma is that both advocates and opponents must cite the Gospels in order to admit or omit their contents. Thus the probative value, and the logical and conditional relevancy of the Gospel materials is exhibited. Packham liberally cites the Gospel material and biblical higher critics in order to make his points.

Ross Clifford, who is a former Australian barrister and a theologian, has often written about the subject of legal apologists. Clifford affirms the case for the resurrection of Jesus. He states that it may appear to opponents that legal apologists like Greenleaf have at different points overstated their case. In his first book Leading Lawyers' Case for the Resurrection he devoted a brief chapter on Greenleaf's life and work. In that text he raised a technical question about the ancient documents rule and suggested that hypothetically a court could admit the gospels as ancient documents, but that does not mean that their specific contents are automatically acknowledged as facts (p.141). However, the trier of fact is allowed to weigh the evidence of the contents of the writings. Clifford clarifies the purpose of the ancient documents rule in his book John Warwick Montgomery's Legal Apologetic (pp. 51-65). Clifford says that apologists may appear to their opponents to have overstated their conclusions based on the ancient documents rule. But Clifford supports Greenleaf's and Montgomery's legal apologetic approach. Clifford states:
"The 'Ancient Documents' rule at common law has traditionally related more to the authentication of the document than with the admissibility of its contents. It does not automatically lead to admission of the substance of the document irrespective of its credibility. (It can be argued this is even true today for the United States, even though the Federal Rule of Evidence 803 [16] states statements in Ancient Documents are admissible as exemptions to hearsay). Greenleaf takes no cognisance of this position and asserts that when an instrument is admitted under the said rule the court is bound to receive into evidence its substance as well unless the opposing party is able to impeach it ... The question as to whether the authentication of the gospels under the 'Ancient Documents' rule leads to receiving their substance into evidence is contentious. It could be strongly pleaded there is justification for doing so. Yet, it should be noted such pleading would be met by the adverse party's strong rejoinder" (pp. 60-61 & 63).


As an apologist Clifford argues a case on the evidences for the resurrection and touches Packham's arguments.

Greenleaf's book remains the subject of contemporary interest as proved by these two writers: from Packham as sceptic and from Clifford as Christian advocate.

Critical assessments of legal apologetics and Greenleaf's book

  • Ross Clifford, John Warwick Montgomery's Legal Apologetic: An Apologetic for all Seasons, (Bonn: Verlag fur Kultur und Wissenschaft, 2004). ISBN 3938116005
  • Richard Packham, "Critique of John Warwick Montgomery's Arguments for Legal Evidences for Christianity," http://www.infidels.org/library/modern/richard_packham/montgmry.html
  • Boyd Pehrson, "How Not To Critique Legal Apologetics: A Lesson from a Skeptic's Internet Page Objections," Global Journal of Classical Theology, Vol. 3, no. 1 (March 2002).http://www.phc.edu/gj_boydpehrson.php

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK