We may now ask: What was the purpose of this second trial? Why did not
the first trial suffice? According to the most reliable authorities, the
answer to this question is to be found in that provision of the Hebrew
law which required two trials instead of one, in every case where the
prisoner had been found guilty at the first trial. Not only were there
to be two trials, but they were to be held on different days. The
morning session of the Sanhedrin was intended, therefore, to give a
semblance of legality and regularity to this requirement of Hebrew law.
But we shall see how completely the Sanhedrin failed in this design.
"What legitimacy," says Keim, "might be lacking in the proceedings of
the nocturnal sitting of the Sanhedrin, was to be completely made up by
the morning sitting, without prejudice to the authority and the--in the
main point--decisive action of the former.... There nevertheless was no
lack of illegality. The most striking instance of this was the fact that
though they wished to bring about an extension of the procedure over two
days they had in fact only two sittings, and not two separate days. But
contempt of the legal ordinances was much more seriously shown by the
absence of any investigation into the circumstances of the case at the
second sitting, although _both law and tradition demanded such an
investigation_."[349]
If "both law and tradition demanded such an investigation," that is, if
the second trial of the case on the second day of the proceedings was
required to be formal and in the nature of an action _de novo_; if the
second trial was required by law to be characterized by all the
formality, solemnity, and legality of the first trial; what errors, we
may ask, are disclosed by the reports of St. Luke, St. Matthew, and St.
Mark in the proceedings against Jesus conducted by the Sanhedrin at the
morning session? To be brief, reply may be made that the irregularities
were virtually the same as those that occurred at the night trial. The
same precipitancy that was forbidden by Hebrew law is apparent. This
haste prevented, of course, that careful deliberation and painstaking
investigation of the case which the Mosaic Code as well as the rules of
the Mishna imperatively demanded. It is true that the second trial was
not conducted at night. But the Passover Feast was still in progress,
and no court could legally sit at such a time. The Sanhedrin at the
second session seems to have been still sitting in the palace of
Caiaphas instead of the Hall of Hewn Stones, the legal meeting place of
the court. This we learn from a passage in St. John.[350] Again, no
witnesses seem to have been summoned, and the accused was convicted upon
his uncorroborated confession.
Public-domain text, read in full here on John Shaqi.
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