members, the same number as the full membership of a Minor Sanhedrin), a
vote of thirteen members was necessary, in either case, to convict. If
eleven judges were for conviction and twelve for acquittal, the prisoner
was discharged at once; a majority of one vote being sufficient for that
purpose. If twelve were in favor of conviction and eleven for acquittal,
the condemnation of the accused was impossible; a majority of at least
two being required to condemn. According to some writers, an acquittal
was the result in such a case. According to others, in such a
contingency the following novel expedient was employed to reach a
verdict: From the first row of disciples two additional judges were
selected and added to the original twenty-three members. Balloting then
commenced anew. If the vote resulted in a majority of at least two
against the prisoner, he stood convicted. If not, two more disciples
were added from the first row in front and this process of increasing by
twos the number of the Sanhedrin was continued until the requisite
majority was secured. If it happened that the constant additions finally
raised the number to seventy-one, the membership of the Great Sanhedrin,
the process of increasing by twos was discontinued, and final balloting
then began. If thirty-six voted for conviction and thirty-five for
acquittal, the whole case was reargued for a reasonable time until one
of the thirty-six yielded and declared in favor of acquittal. In case
the thirty-six members persevered in their determination to convict, the
prisoner was discharged.
At any stage of the trial, from the beginning with the three-and-twenty
judges through all the successive additions of new members, a majority
vote of one or more in favor of the accused would acquit; a majority of
two or more, not amounting to unanimity, would convict.
Public-domain text, read in full here on John Shaqi.
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