Again, this rule of unanimity was only another form or statement of the
requirement that the court defer final action, in case of conviction, to
the next day in order that time for deliberation and reflection might
intervene. In other words, Hebrew law forbade precipitancy in capital
proceedings. And what could be more precipitate than an instantaneous
and unanimous verdict? "But where all suddenly agree on conviction, does
it not seem," asks a modern Jewish writer, "that the convict is a victim
of conspiracy and that the verdict is not the result of sober reason and
calm deliberation?"
But how did they convict under Hebrew law? By a majority vote of at
least two. A majority of one would acquit. A majority of two, or any
majority less than unanimity, would convict.[283] If the accused had one
friend in court, the verdict of condemnation would stand, since the
element of mercy was present and the spirit of conspiracy or mob
violence was absent. Seventy-one constituted the membership of the Great
Sanhedrin. If all the members were present and voted, at least
thirty-seven were required to convict. Thirty-six would acquit. If a
bare quorum, twenty-three members, was present, at least thirteen were
required to convict. Twelve would acquit.
This rule seems ridiculous and absurd, when viewed in the light of a
brutal and undeniable crime. If the facts constituting such a crime had
been proved against a Jewish prisoner beyond any possibility of doubt,
if such facts were apparent to everybody, still it seems that the rule
above stated required that the defendant have at least one advocate and
one vote among the judges; else, the verdict was invalid and could not
stand. Such a procedure could be justified on no other ground than that
exceptional cases should not be permitted to destroy a rule of action
that in its general operation had been found to be both generous and
just.
Now the condemnation of Jesus was illegal because the verdict of the
Sanhedrin was unanimous. We learn this from Mark, who says: "Then the
high priest rent his clothes and saith, What need we any further
witnesses? ye have heard the blasphemy: what think ye? And they _all_
condemned him to be guilty of death."[284] If they _all_ condemned Him,
the verdict was unanimous and therefore illegal. The other Evangelists
do not tell us that the verdict was unanimous; neither do they deny it.
Mark's testimony stands alone and uncontradicted; therefore we must
assume that it is true.
Rabbi Wise[285] and Signor Rosadi[286] call attention to the fact that
the verdict was unanimous. The former seeks to ridicule Mark as an
authority because a unanimous verdict was illegal under Hebrew law, and
the distinguished Hebrew writer does not conceive that Hebrew judges
could have made such a mistake. Such argument, reduced to ultimate
analysis, means, according to Rabbi Wise, that there were certain rules
of Hebrew law that could not be and were never violated.
Public-domain text, read in full here on John Shaqi.
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