"Criminal cases can be acted upon by the various courts during day
time only, by the Lesser Synhedrions from the close of the morning
service till noon, and by the Great Synhedrion till
evening."--MENDELSOHN, "Criminal Jurisprudence of the Ancient
Hebrews," p. 112.
"The reason why the trial of a capital offense could not be held at
night is because, as oral tradition says, the examination of such
a charge is like the diagnosing of a wound--in either case a more
thorough and searching examination can be made by
daylight."--MAIMONIDES, Sanhedrin III.
FACT AND ARGUMENT
HEBREW jurisprudence positively forbade the trial of a capital case at
night. The infraction of this rule involves the question of
jurisdiction. A court without jurisdiction can pronounce no valid
verdict or judgment. A court has no jurisdiction if it convenes and
acts at a time forbidden by law.
One is naturally disposed to deride the reason assigned by Maimonides
for the existence of the law against criminal proceedings at night. But
it should not be forgotten that in the olden days surgery had no such
aids as are at hand to-day. Modern surgical apparatus had not been
invented and electric lights and the Roentgen Rays were unknown. In the
light of this explanation of the great Jewish philosopher the curious
inquirer after the real meaning of things naturally asks why the
Areopagus of Athens always held its sessions in the night and in the
dark.[253]
We have seen that Jesus was arrested in Gethsemane about midnight and
that His first ecclesiastical trial took place between two and three
o'clock in the morning.[254] St. Luke tells us that there was a daybreak
meeting,[255] which was evidently intended to give a semblance of
legality and regularity to that rule of Hebrew law that required two
trials of the case.
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