Moreover, just as the power of the witnesses was minimized and the rights and privileges of the defendant were magnified, so also the rights and privileges of the judges were hemmed in and restrained in every way. Only a high court of twenty-three could try capital cases.[168] The judges all had to be picked men of high standing, character and attainments.[169] They were impressed with the words of their own warning to the witnesses, that he who causes a soul to be put to death unjustly is as though he had destroyed the whole world.[170] When engaged on a capital trial, they were put under severe discipline.[171] They took the place both of the counsel for the defendant and of the jury.[172] Two death penalties could not be pronounced on one day.[173] For final condemnation, a second ballot had to be taken on the following day.[174] If twelve of the twenty-three judges were in favor of acquittal against the other eleven, the defendant was freed by the majority of one. But if twelve held him guilty and eleven held him innocent, the defendant could not be condemned by the majority of one. A majority of at least two was necessary for a condemnation.[175] A judge was not permitted to change his mind and declare his decision for a condemnation when once he had voted for an acquittal.[176] Unless each judge could give an individual reason for his opinion his vote was not counted.[177] According to the striking opinion of Rab Kahana, if the judges were unanimously in favor of _conviction_, the accused should be freed.[178] In general, it was held to be better that the guilty should escape punishment than that one innocent man be put to death. The judges had the less hesitancy in inclining to mercy, because of the belief that God would not allow the guilty to remain unrequited.[179] In the story of circumstantial evidence quoted above, Simon ben Shetach left the punishment of the murderer to God. When the Jewish courts no longer had jurisdiction, it was felt that God would fittingly punish those who had rendered themselves legally liable to the death penalty.[180] The Mechilta, elaborating the Biblical words “For I, God, will not let the guilty go free,”[181] says, that if one who is guilty has been discharged by the court as not guilty, he is not to be taken back for a retrial. God has instruments and means enough to bring upon him the punishment that he has incurred. After an acquittal there could be no appeal; but after a conviction an appeal could be lodged at any time.[182] If one ultimately was condemned, he was given every facility to escape his fate through the publicity of a herald’s proclamation,[183] through the assiduous attempt to elicit new favorable evidence even during the procession to the place of execution,[184] etc.