1. I have my reasons for not wanting to debate that person even if (and I do not recall) he did make a valid point.
2. I gave you the criteria by which ancient documents gain admissibility and the bible meets every one. I did not type the word authenticity.
3. You have no idea who wrote the Gospels. The earliest (which is almost always the best) sources recorded that eyewitnesses did write portions of the NT. Your opinion may be that they are wrong but I consider Greenleaf and the early church fathers in far better positions to know than you and so my opinion is the opposite. 100 biblical scholars worked on the NIV bible and they also concluded the traditional authors were the true authors (with the possible exception of Hebrews). The difference is that my faith is claimed to be an opinion and your faith is claimed to be knowledge which you cannot possibly have.
Here is an excerpt from one such article criticizing Montgomery's assumptions which erroneously made up the backbone of his legal argument. I think this points out what my issues are with this line of reasoning.
The New Testament writings, however, do not even have that good a claim to authenticity, and Montgomery's claims are by no means established:
"1) their texts have been transmitted accurately..." On the contrary, there are no original texts of any New Testament document, but only copies, which differ among themselves. How can one assert anything with certainty about what the text said when it was written, if later copies differ? Granted, Bible scholars (usually those same "critics" which evangelical Christians love to impugn) have been able to make fairly intelligent guesses about what the original texts said probably said, but
any doubts about their accuracy make Montgomery's assumption untenable. However, for the sake of getting on with the discussion, let us assume that the New Testament texts have been established to the extent that scholars agree as to what the original words of the texts were.
"2) [New Testament writings] claim to be primary source documents, and 'ring true as such'"
On the contrary, only the epistles can lay any claim to being primary source documents. However, even the epistles are not
primary source documents for the miraculous events that Christian claims are based on. Montgomery seems not to understand what a "primary source document" is, either in a historical or a legal sense. A "primary source document" is a contemporary record made by someone with direct knowledge of the fact written. It may be a letter, a diary, a business or government record. For example, if we had Peter's original diary, containing the entry "This evening we were all seated at supper, and Jesus walked in! We all thought he was dead! We were stunned! ..." then that would be a primary source document tending to support a post-crucifixion appearance. But we do not have such documents. Note that later recollections, or reports of the recollections of others, are not "primary source documents," and that is the most that can be claimed for the gospels or the Book of Acts.
Letters are "primary source documents" only as to those matters which they report that are contemporary events and within the direct knowledge of the writer. Paul's accounts of arriving in a certain town, of meeting so-and-so that day, of losing his coat (2 Timothy 4:13) are all primary sources, but any statement in a letter which is not contemporary or not the writer's own direct knowledge (such as Paul's mentioning of the appearance to the five hundred) cannot be considered primary source material.
The "ring true" test, being extremely subjective, is not evidentiary because it is not objective. Nor is it even a valid subjective test: I have hundreds of historical novels in my library, fictionalized accounts of historical events, and all of them "ring true." However, they are to a large extent fiction, the product of the author's imagination. The people, the conversations, the details of the events - all are fiction. And yet, they certainly "ring true."
"3) their claimed authorship and dates are 'backed up by such solid extrinsic testimony as that of the second-century writer Papias, a student of John the Evangelist, who was told by him that the first three Gospels were indeed written by their traditional authors'..."
Montgomery overstates his case extremely here. If he were being completely honest, he would say that the claimed authorship of the the gospels and of quite a few of the epistles are still the subject of debate among Bible scholars. Why doesn't he admit this? In fact, the authorship of 2 Peter is generally acknowledged to be an anonymous writer of the second century, and
not Simon Peter the Apostle. To put it bluntly, it is a forgery. The author of the Epistle to the Hebrews has long been acknowledged
not to be Paul, as many pious Christians assume, but someone whose identity is completely unknown.
The testimony of Papias is the earliest authority for the authorship of the Apostles, but it is scarcely "solid." We do not even have Papias' direct testimony, since his writings are lost. Our information about Papias' testimony comes only by way of Eusebius, who wrote in the fourth century, and who portrays Papias as being somewhat gullible. The "John" of whom Papias was a student was more likely John Presbyter than John the Evangelist (or John the Apostle, if they can be proven identical). In short, the "solid" evidence is not as solid as Montgomery would like us to believe.
Montgomery continues: "...The 'ancient documents' rule can be applied to them, which makes their 'competence' such as 'would be established in any court of law,'" according to Simon Greenleaf, "the greatest nineteenth century authority on the law of evidence."
Here is one of the grossest misrepresentations in the entire article, and Montgomery repeats it later. The "ancient documents" rule in English (and American) Common Law developed in order to allow a document, under certain circumstances, to be introduced into evidence without requiring that a witness testify to its authenticity. Ordinarily, documents which a party wishes to introduce into evidence must be proven to be "authentic" before they can be placed before the court. This requires (usually very brief) testimony from some witness who is knowledgeable about the document. The bookkeeper is asked, for example: "Is this document a page from your company ledger?" "Yes." "Is that ledger maintained in the ordinary course of business?" "Yes." "Were these entries made at the time of the transactions they purport to record?" "Yes." The document has thus been "authenticated" and can be used as evidence.
All authorities on the rules of evidence emphasize that authenticating a document does not guarantee the truthfulness or accuracy of its contents. Authentication merely shows where the document came from and when it was created.
The "ancient documents rule" developed to deal with the problem arising when documents contained useful information, but there was no longer any witness around to authenticate them, because the documents were old. The rule under common law is discussed at length in 29
American Jurisprudence 2d, "Evidence," section 1201, where the requirements are listed in order for a party to present an otherwise unauthenticated document under the "ancient documents" rule: the document must 1) be over 30 years old; 2) be produced from proper custody (i.e., the chain of custody must be shown); 3) its authenticity must be corroborated by the circumstances; 4) copies of the document may be admissible if properly authenticated, but then the proof that the writer signed the original must be made.
The great modern encyclopedic authority on the law of evidence,
Wigmore on Evidence, (cited hereafter as "
Wigmore," and available in any county law library) gives the same requirements, section 2137ff.
The New Testament writings satisfy only the first requirement: they are over 30 years old. On all other requirements they fail completely.
I question even whether the gospels even qualify as "documents" as the term is used in this rule. A document is a physical thing, a writing usually on paper, usually in someone's handwriting, but perhaps produced by printing. It is the document itself, not its content, which must pass the ancient documents test. What "documents" would the Christians present to the court as evidence? The documents to which this rule would apply would have to be the actual original manuscripts of the evangelists, which, of course, no longer exist. Shall we accept copies? Then we must insist, as stated above, that evidence prove that the writer signed the original, which cannot be proven. But, in fact, we do not have copies. We have only copies of copies of copies that have gone through no one knows how many hands. And we do not know whose hands. Thus, one of the primary requirements of the ancient documents rule is not fulfilled: we cannot establish the gospels' "provenance."
The fact that they are copies of copies makes them inadmissible, as discussed at
Wigmore, section 2143, where the general conclusion is reached that "..[copies] must fail [both] the custody and appearance test," citing as only one example the case of
Carter vs. Wood 103 Va 68, 48 SE 553 (1904), where a copy of a deed was
not admitted to evidence where it was not shown that the person making the copy had adequately tested the genuineness of the original.
The "appearance" test requires that the document must show no suspicious signs of tampering or alteration (
Wigmore, section 2140). Mere "age will not sanctify earmarks of fraud," citing
Hill vs. Nisbet58 Ga 586, 589. The copies we have definitely do not appear to be free of tampering. On the contrary, they show multiple evidences of tampering, altering, deleting, inserting. It does not matter, in applying the "free of tampering" test that the tampering does not affect the fundamental import. If it appears that the document has been tampered with, the document does not pass the test.
Furthermore, as
29 Am Jur 2d says (section 1202), the "ancient documents" rule is a rule of authentication only, not a rule for admissibility. Its purpose is only to dispense with authentication by a witness.
Wigmore in section 2145a says that the "ancient documents rule"..
"... deals only with the authentication of the document.
Whether the contents are material, or whether any statements of assertion contained in them are admissible for any purpose, should depend on different principles." [emphasis added]
Wigmore emphasizes (section 12) that "Admissibility falls short of proof or demonstration."
Critique of John Warwick Montgomery's Arguments