THE fact that the Sanhedrin convened before the offering of the morning
sacrifice constitutes the fifth illegality. This error is alleged upon
the authority of MM. Lémann, who, in their admirable little work
entitled "Jesus Before the Sanhedrin," have called attention to it. It
is very difficult, however, to determine whether this was a mere
irregularity, or was what modern jurists would call a material error.
From one point of view it seems to be merely a repetition of the rule
forbidding the Sanhedrin to meet at night. The morning sacrifice was
offered at the break of day and lasted about an hour. A session of the
court before the morning sacrifice would, therefore, have been a meeting
at night, which would have been an infringement of the law. But this was
probably not the real reason of the rule. Its true meaning is doubtless
to be found in the close connection that existed between the Hebrew law
and the Hebrew religion. The constitution of the Hebrew Commonwealth was
an emanation of the mind of Jehovah, the Temple in which the court met
was His residence on earth, and the judges who formed the Great
Sanhedrin were the administrators of His will. It is most reasonable,
then, to suppose that an invocation, in sacrifice and prayer, of His
guidance and authority would be the first step in any judicial
proceedings conducted in His name.
It is historically true that a session of the Sanhedrin in the palmiest
days of the Jewish Commonwealth was characterized by all the religious
solemnity of a service in the synagogue or the Temple. It is entirely
probable, therefore, that the morning sacrifice was made by law an
indispensable prerequisite to the assembling of the supreme tribunal of
the Jews for the transaction of any serious business. On any other
supposition the rules of law cited above would have no meaning. We have
reason to believe, then, that the offering of the morning sacrifice was
a condition precedent to the attachment of jurisdiction, and without
jurisdiction the court had no authority to act. That the morning
sacrifice was offered each day, whether the court assembled or not, as a
religious requirement, does not alter the principle of law above
enunciated.
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