But admitting the validity of the Talmudic rule, it is nevertheless
beyond dispute that the high priest was forbidden to rend his clothes on
Sabbaths and holidays. And as Jesus was condemned on both a Sabbath and
a festival day, the high priest's action in rending his clothes on that
day was illegal.[303]
Again, the proceedings against Jesus were illegal because the balloting
was irregular. This is the third error noted under Point X.
The Hebrew law required that each judge, when his time came to vote upon
the guilt or innocence of the accused, should rise in his place, declare
his vote, and state his reasons for so voting. In capital cases the
youngest judge was required to vote first, in order that he might not be
unduly influenced by the example of his seniors in age and authority.
The balloting continued in this manner from the youngest member to the
high priest, who was generally among the oldest. Two scribes--according
to some writers, three--were present to record the votes and to note the
reasons stated. These records were to be used on the second day of the
trial in comparing the arguments of the judges on that day with those
offered on the first day. Judges who had voted for acquittal on the
first day could not change their votes on the second day. Those who had
voted for conviction on the first day might change their votes on the
second day, by assigning good reasons. Those who had voted for
conviction on the first day could not vote for conviction on the second
day, if the reasons assigned on the second day were radically different
from those assigned on the first day.[304] It will thus be seen how very
essential were the records of the scribes and how important it was that
they should be correctly kept. Hence the necessity, according to Benny,
of a third scribe whose notes might be used to correct any discrepancies
in the reports of the other two.
Now are we justified in assuming that this was the method employed in
counting votes at the trial of Jesus? The law will not permit us to
presume errors. We must rather assume that this was the method employed,
unless the Gospel record indicates, either by plain statement or by
reasonable construction, that it was not the method used.
In this connection, let us review the language of the Scriptures. "Ye
have heard the blasphemy: what think ye? And they all condemned him to
be guilty of death." Is it not clearly evident, from this passage, that
the balloting was not done singly, the youngest voting first, as Hebrew
law required? Can it not be seen at a glance that the judges voted _en
masse_? If they did, was it possible for the scribes to record the votes
and make a note of the reasons assigned, as the law required? If these
things were not done, were the proceedings regular?
Public-domain text, read in full here on John Shaqi.
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