The principal features of a Hebrew capital trial before the Great
Sanhedrin were: (1) The Morning Sacrifice; (2) the Assembling of the
Judges in the Lishkath haggazith, or the Hall of Hewn Stones; (3) the
Examination of Witnesses; (4) the Debates and Balloting of the Judges on
the guilt or the innocence of the accused. These successive steps will
be briefly considered in this chapter.
_The Morning Sacrifice._--It is not positively known what legal
connection, if any, the morning sacrifice had with the trial of a
capital case before the Great Sanhedrin at Jerusalem. Several writers
contend that there was no essential legal connection; that the sacrifice
was offered at the break of day whether a capital case was to be tried
or not; and that the court was not dependent upon this religious
observance for jurisdiction in the trial of criminal cases. Other
writers hold opposite views, and contend that the morning sacrifice was
essential to give jurisdiction to the court. MM. Lémann consider it an
error in the trial of Jesus that the morning sacrifice was not offered
before the commencement of proceedings.[168] Certain passages from the
Mishna very strongly support this second view: that the court could not
legally convene until the morning sacrifice had been offered. "The
Sanhedrin sat from the close of the morning sacrifice to the time of the
evening sacrifice."[169] ... "Since the morning sacrifice was offered at
the break of day, it was hardly possible for the Sanhedrin to assemble
until an hour after that time."[170] These passages seem to indicate
that the morning sacrifice was necessary before the court could legally
convene. This question will be found more fully discussed under Point V
of the Brief in this volume. The method of offering the morning
sacrifice was as judicial in its precision as it was religious in its
solemnity.
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