If Joseph of Arimathea was a member of the Great Sanhedrin, it seems
that he "had not consented to the counsel and the deed of them."[294]
But it is impossible to tell certainly to which one of the three
meetings of the Sanhedrin, held within the six months preceding the
crucifixion, this language refers. The defense of Jesus offered by
Nicodemus was certainly not at the final meeting which condemned Jesus.
It may be that the reference to the protest of Joseph of Arimathea also
referred to a prior meeting. Its connection in Luke seems to make it
refer to the last trial, but this is not certain. Neither is it certain
that Joseph was a member of the Great Sanhedrin, and his failure to
consent, if he were not a member, would not disturb the contention made
in Point IX of the Brief. Even if he were a member, his failure to
consent would not destroy the contention, since ancient Hebrew judges,
like modern American jurors, could have first protested against their
action and then have voted with them. The polling of the jury, under
modern law, has reference, among other things, to this state of affairs.
But we may admit that both Nicodemus and Joseph of Arimathea, as well as
many others, were absent, as Rosadi suggests, and still contend that the
verdict against Jesus was illegal because it was unanimous, as Mark
assures us, since the number of judges present was immaterial, provided
there was a quorum of at least twenty-three and their verdict was
unanimous against the accused. According to the second Gospel writer,
there seems to be no doubt that this was the case in the judgment
pronounced against Jesus.
POINT X
THE PROCEEDINGS AGAINST JESUS WERE ILLEGAL IN THAT: (1) THE SENTENCE OF
CONDEMNATION WAS PRONOUNCED IN A PLACE FORBIDDEN BY LAW; (2) THE HIGH
PRIEST RENT HIS CLOTHES; (3) THE BALLOTING WAS IRREGULAR
LAW
"After leaving the hall Gazith no sentence of death can be passed
upon anyone soever."--TALMUD, Bab., Abodah Zarah, or of Idolatry,
Chap. I. fol. 8.
"A sentence of death can be pronounced only so long as the Sanhedrin
holds its sessions in the appointed place."--MAIMONIDES, Sanhedrin
XIV.
"And he that is the high priest among his brethren, upon whose head
the anointing oil was poured, and that is consecrated to put on
the garments, shall not uncover his head, nor rend his
clothes."--LEVITICUS xxi. 10.
"And Moses said unto Aaron, and unto Eleazar, and unto Ithamar, his
sons, Uncover not your heads, neither rend your clothes; lest ye
die, and lest wrath come upon all the people."--LEVITICUS x. 6.
"Let the judges each in his turn absolve or condemn."--MISHNA,
Sanhedrin XV. 5.
Public-domain text, read in full here on John Shaqi.
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