CASE NOTES
30. William Blackstone, Commentaries on the Laws of England, quoted in Frederick Schauer, Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Cambridge, MA: Harvard University, 2009), 221.
Section 2
EXAMINE THE EVIDENCE
Applying the principles of investigation to the claims of the New Testament
I was lying in bed, staring at the ceiling.
“I think it may be true,” I said to my wife.
“What may be true?” she asked.
“Christianity.” I’m sure she was weary of my growing obsession. For several weeks now, it was all I could think about, and I had already talked her ears off on several occasions. She knew I was more serious about this than I had ever been in the past, so she patiently tolerated my obsession and constant conversation. “The more I look at the Gospels, the more I think they look like real eyewitness accounts,” I continued. “And the writers seem to have believed what they were writing about.”
I knew I was standing on the edge of something profound; I started reading the Gospels to learn what Jesus taught about living a good life and found that He taught much more about His identity as God and the nature of eternal life. I knew that it would be hard to accept one dimension of His teaching while rejecting the others. If I had good reasons to believe that the Gospels were reliable eyewitness accounts, I was going to have to deal with the stuff I had always resisted as a skeptic. What about all the miracles that are wedged in there between the remarkable words of Jesus? How was I going to separate the miraculous from the remarkable? And why was it that I continued to resist the miraculous elements in the first place?
The initial step in my journey toward Christianity was an evaluation of the Gospels. I spent weeks and weeks examining the gospel accounts as I would any eyewitness account in a criminal case. I used many of the tools that I’ve already described to make a decision that changed my life forever. I’d like to share some of that investigation with you.
Chapter 11
WERE THEY PRESENT?
Why was the tomb supposedly empty? I say supposedly because, frankly, I don’t know that it was. Our very first reference to Jesus’ tomb being empty is in the Gospel of Mark, written forty years later by someone living in a different country who had heard that it was empty. How would he know?31
—Bart Ehrman, New Testament scholar, professor of religious studies, and author of Jesus Interrupted
The so-called Gospel of John is something special and reflects … the highly evolved theology of a Christian writer who lived three generations after Jesus.32
—Geza Vermes, scholar, historian, and author of The Changing Faces of Jesus
No work of art of any kind has ever been discovered, no painting, or engraving, no sculpture, or other relic of antiquity, which may be looked upon as furnishing additional evidence of the existence of these gospels, and which was executed earlier than the latter part of the second century.33
—Charles Burlingame Waite, historian and author of History of the Christian Religion to the Year Two Hundred
IF THE GOSPELS ARE LATE, THEY’RE A LIE
When I was a nonbeliever, I eagerly accepted the skeptical claims of people like Ehrman, Vermes, and Waite. In fact, I often made similar statements (although mine were much less articulate) as I argued with Christian friends and coworkers at the police department. Like the skeptics quoted here, I was inclined to reject the Gospels as late works of fiction. I considered them to be mythological accounts written well after all the true eyewitnesses were dead. They were late, and they were a lie.
I worked in our Gang Detail in the early 1990s and investigated a variety of gang-related assaults. One of them involved a stabbing between members of two rival gangs; both parties were armed with knives. It was hard to determine which of the two gang members was actually the victim, as both were pretty seriously injured and no eyewitnesses were willing to come forward to testify about what really happened. About a year after the case was assigned to me, I got a telephone call from a young woman who told me that she witnessed the entire crime and was willing to tell me how it occurred. She said that she had been deployed as a member of the army for the past year, and, for this reason, she had been unaware that the case was still unresolved. After a little digging, I discovered that this “eyewitness” was actually a cousin of one of the gang members. After a lengthy interview with her, she finally admitted that she was training in another state at the time of the stabbing. She didn’t even hear about it until about a week before she contacted me. She was lying to try to implicate the member of the rival gang and protect her cousin. Clearly, her story was a late piece of fiction, created long after the original event for the express purpose of achieving her goal. She wasn’t even available or present at the crime to begin with, and for this reason, she was worthless to me as a witness.
As a skeptic, I believed that the Gospels were penned in the second century and were similarly worthless. If they were written that late, they were not eyewitness accounts. It’s really as simple as that; true eyewitnesses to the life of Jesus would have lived (and written) in the first century. The first criterion of eyewitness reliability requires us to answer the question “Were the alleged eyewitnesses present in the first place?” Like the unbelieving scholars, I answered this question by arguing that the Gospels were written in the second or third century, much closer to the establishment of Christianity in the Roman Empire than to the alleged life of Jesus:
Before I could ever take the Gospels seriously as eyewitness accounts, I needed to decide where they fell on this timeline. If the writers first appeared toward the right (closer to the church councils and the formal establishment of the Catholic Church), there was good reason to doubt that they were true witnesses to the sufferings of Christ (1 Pet. 5:1) or that they actually saw Jesus with their own eyes (1 John 1:1–3). If, on the other hand, they appeared to the left of the timeline, I could at least begin to consider them earnestly. The closer they appeared to the life and ministry of Jesus, the more seriously I could consider their claims.
INCHING BACK ON THE TIMELINE
There are many pieces of circumstantial evidence that form a compelling case for the early dating of the Gospels. There are several good reasons to believe that the gospel writers are standing on the left side of the timeline. The more I examined this evidence, the more I came to believe that the Gospels were written early enough in history to be taken seriously as eyewitness accounts. Let’s take a look at this evidence before we locate each piece on the timeline.
THE NEW TESTAMENT FAILS TO DESCRIBE THE DESTRUCTION OF THE TEMPLE
We begin with perhaps the most significant Jewish historical event of the first century, the destruction of the Jerusalem temple in AD 70. Rome dispatched an army to Jerusalem in response to the Jewish rebellion of AD 66. The Roman army (under the leadership of Titus) ultimately destroyed the temple in AD 70,34 just as Jesus had predicted in the Gospels (in Matt. 24:1–3). You might think this important detail would be included in the New Testament record, especially since this fact would corroborate Jesus’s prediction. But no gospel account records the destruction of the temple. In fact, no New Testament document mentions it at all, even though there are many occasions when a description of the temple’s destruction might have assisted in establishing a theological or historical point.
THE NEW TESTAMENT FAILS TO DESCRIBE THE SIEGE OF JERUSALEM
Even before the temple was destroyed, the city of Jerusalem was under assault. Titus surrounded the city with four large groups of soldiers and eventually broke through the city’s “Third Wall” with a battering ram. After lengthy battles and skirmishes, the Roman soldiers eventually set fire to the city’s walls, and the temple was destroyed as a result.35 No aspect of this three-year siege is described in any New Testament document, in spite of the fact that
the gospel writers could certainly have pointed to the anguish that resulted from the siege as a powerful point of reference for the many passages of Scripture that extensively address the issue of suffering.
LUKE SAID NOTHING ABOUT THE DEATHS OF PAUL AND PETER
Years before the siege of Jerusalem and the destruction of the temple, another pair of events occurred that were significant to the Christian community. The apostle Paul was martyred in the city of Rome in AD 64, and Peter was martyred shortly afterward in AD 65.36 While Luke wrote extensively about Paul and Peter in the book of Acts and featured them prominently, he said nothing about their deaths. In fact, Paul was still alive (under house arrest in Rome) at the end of the book of Acts.
LUKE SAID NOTHING ABOUT THE DEATH OF JAMES
Luke featured another important figure from Christian history in the book of Acts. James (the brother of Jesus) became the leader of the Jerusalem church and was described in a position of prominence in Acts 15. James was martyred in the city of Jerusalem in AD 62,37 but like the deaths of Paul and Peter, the execution of James is absent from the biblical account, even though Luke described the deaths of Stephen (Acts 7:54–60) and James the brother of John (Acts 12:1–2).
LUKE’S GOSPEL PREDATES THE BOOK OF ACTS
Luke wrote both the book of Acts and the gospel of Luke. These two texts contain introductions that tie them together in history. In the introduction to the book of Acts, Luke wrote:
The first account I composed, Theophilus, about all that Jesus began to do and teach, until the day when He was taken up to heaven, after He had by the Holy Spirit given orders to the apostles whom He had chosen. (Acts 1:1–2)
It’s clear that Luke’s gospel (his “first account”) was written prior to the book of Acts.
PAUL QUOTED LUKE’S GOSPEL IN HIS LETTER TO TIMOTHY
Paul appeared to be aware of Luke’s gospel and wrote as though it was common knowledge in about AD 63–64, when Paul penned his first letter to Timothy. Note the following passage:
The elders who rule well are to be considered worthy of double honor, especially those who work hard at preaching and teaching. For the Scripture says, “You shall not muzzle the ox while he is threshing,” and “The laborer is worthy of his wages.” (1 Tim. 5:17–18)
Paul quoted two passages as “scripture” here—one in the Old Testament and one in the New Testament. “You shall not muzzle the ox while he is threshing” refers to Deuteronomy 25:4, and “The laborer is worthy of his wages” refers to Luke 10:7. It’s clear that Luke’s gospel was already common knowledge and accepted as scripture by the time this letter was written. To be fair, a number of critics (like Bart Ehrman) have argued that Paul was not actually the author of 1 Timothy and maintain that this letter was written much later in history. The majority of scholars, however, recognize the fact that the earliest leaders of the church were familiar with 1 Timothy at a very early date.38
PAUL ECHOED THE CLAIMS OF THE GOSPEL WRITERS
While some modern critics challenge the authorship of Paul’s pastoral letters, even the most skeptical scholars agree that Paul is the author of the letters written to the Romans, the Corinthians, and the Galatians. These letters are dated between AD 48 and AD 60. The letter to the Romans (typically dated at AD 50) reveals something important. Paul began the letter by proclaiming that Jesus is the resurrected “Son of God.” Throughout the letter, Paul accepted the view of Jesus that the gospel eyewitnesses described in their own accounts. Just seventeen years after the resurrection, Jesus was described as divine. He is God incarnate, just as the gospel eyewitnesses described in their own accounts. In fact, Paul’s outline of Jesus’s life matches that of the Gospels. In 1 Corinthians 15 (written from AD 53 to 57), Paul summarized the gospel message and reinforced the fact that the apostles described the eyewitness accounts to him:
For I delivered to you as of first importance what I also received, that Christ died for our sins according to the Scriptures, and that He was buried, and that He was raised on the third day according to the Scriptures, and that He appeared to Cephas, then to the twelve. After that He appeared to more than five hundred brethren at one time, most of whom remain until now, but some have fallen asleep; then He appeared to James, then to all the apostles; and last of all, as to one untimely born, He appeared to me also. (1 Cor. 15:3–8)
In his letter to the Galatians (also written in the mid-50s), Paul described his interaction with these apostles (Peter and James) and said that their meeting occurred at least fourteen years prior to the writing of his letter:
But when God, who had set me apart even from my mother’s womb and called me through His grace, was pleased to reveal His Son in me so that I might preach Him among the Gentiles, I did not immediately consult with flesh and blood, nor did I go up to Jerusalem to those who were apostles before me; but I went away to Arabia, and returned once more to Damascus. Then three years later I went up to Jerusalem to become acquainted with Cephas, and stayed with him fifteen days. But I did not see any other of the apostles except James, the Lord’s brother. (Gal. 1:15–19)
Then after an interval of fourteen years I went up again to Jerusalem with Barnabas, taking Titus along also. (Gal. 2:1)
This means that Paul saw the risen Christ and learned about the gospel accounts from the eyewitnesses (Peter and James) within five years of the crucifixion (most scholars place Paul’s conversion from AD 33 to 36, and he visited Peter and James within three years of his conversion, according to Gal. 1:19). This is why Paul was able to tell the Corinthians that there were still “more than five hundred brethren” who could confirm the resurrection accounts (1 Cor. 15:6). That’s a gutsy claim to make in AD 53–57, when his readers could easily have accepted his challenge and called him out as a liar if the claim was untrue.
PAUL QUOTED LUKE’S GOSPEL IN HIS LETTER TO THE CORINTHIANS
Paul also seems to have been familiar with the gospel of Luke when he wrote to the Corinthian church (nearly ten years earlier than his letter to Timothy). Notice the similarity between Paul’s description of the Lord’s Supper and Luke’s gospel:
For I received from the Lord that which I also delivered to you, that the Lord Jesus in the night in which He was betrayed took bread; and when He had given thanks, He broke it and said, “This is My body, which is for you; do this in remembrance of Me.” In the same way He took the cup also after supper, saying, “This cup is the new covenant in My blood.” (1 Cor. 11:23–25)
And when He had taken some bread and given thanks, He broke it and gave it to them, saying, “This is My body which is given for you; do this in remembrance of Me.” And in the same way He took the cup after they had eaten, saying, “This cup which is poured out for you is the new covenant in My blood.” (Luke 22:19–20)
Paul appears to be quoting Luke’s gospel—the only gospel that has Jesus saying that the disciples are to “do this in remembrance of Me.” If Paul is trying to use a description of the meal that was already well known at the time, this account must have been circulating for a period of time prior to Paul’s letter.
LUKE QUOTED MARK (AND MATTHEW) REPEATEDLY
Luke, when writing his own gospel, readily admitted that he was not an eyewitness to the life and ministry of Jesus. Instead, Luke described himself as a historian, collecting the statements from the eyewitnesses who were present at the time:
Inasmuch as many have undertaken to compile an account of the things accomplished among us, just as they were handed down to us by those who from the beginning were eyewitnesses and servants of the word, it seemed fitting for me as well, having investigated everything carefully from the beginning, to write it out for you in consecutive order, most excellent Theophilus; so that you may know the exact truth about the things you have been taught. (Luke 1:1–4)
As a result, Luke often repeated or quoted entire passages that were offered previously by either Mark (350 verse
s from Mark appear in Luke’s gospel) or Matthew (250 verses from Matthew appear in Luke’s account).39 These passages were inserted into Luke’s gospel as though they were simply copied over from the other accounts. It’s reasonable, therefore, to conclude that Mark’s account was already recognized, accepted, and available to Luke prior to his authorship of the gospel.
MARK’S GOSPEL APPEARS TO BE AN EARLY “CRIME BROADCAST”
Mark’s gospel bears a striking resemblance to a “crime broadcast.” When first-responding officers arrive at the scene of a crime, they quickly gather the details related to the crime and the description of the suspect, then “clear the air” with the radio dispatchers so they can broadcast these details to other officers who may be in the area. This first crime broadcast is brief and focused on the essential elements. There will be time later to add additional details, sort out the order of events, and write lengthy reports. This first broadcast is driven by the immediacy of the moment; we’ve got to get the essentials out to our partners because the suspects in this case may still be trying to flee the area. There is a sense of urgency in the first broadcast because officers are trying to catch the bad guys before they get away.
Although Mark’s gospel contains the important details of Jesus’s life and ministry, it is brief, less ordered than the other gospels, and filled with “action” verbs and adjectives. There is a sense of urgency about it. This is what we might expect, if it was, in fact, an early account of Jesus’s ministry, written with a sense of urgency. It is clear that the eyewitnesses felt this urgency and believed that Jesus would return very soon. Paul wrote that “salvation is nearer to us than when we believed” (Rom. 13:11), and James said, “The coming of the Lord is near” (James 5:8). Peter, Mark’s mentor and companion, agreed that “the end of all things is near” (1 Pet. 4:7). Surely Mark wrote with this same sense of urgency as he penned Peter’s experiences in his own gospel. Mark’s account takes on the role of “crime broadcast,” delivering the essential details without regard for composition or stylistic prose. Papias confirmed this in his statement about Mark’s efforts:
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