In front of them (the judges of the Great Sanhedrin) sat three rows
of learned disciples; each of them had his own special place.
Should it be necessary to promote one of them to the office of
judge, one of those in the foremost row was selected. His place was
then supplied by one in the second row, while one from the third
was in turn advanced to the second. This being done, someone was
then chosen from the congregation to supply the vacancy thus
created in the third row. But the person so appointed did not step
directly into the place occupied by the one last promoted from the
third row, but into the place that beseemed one who was only newly
admitted.[113]
_Quorum of the Great Sanhedrin._--Twenty-three members constituted a
quorum of the Great Sanhedrin. This was the full number of the
membership of a Minor Sanhedrin.
_Number of Votes Required to Convict._--"In criminal trials a majority
of one vote is sufficient for an acquittal; but for a condemnation a
majority of two is necessary," is the language of the Mishna.[114] The
full membership of the Great Sanhedrin was seventy-one. A condemnation
by thirty-five acquitted the accused; a condemnation by thirty-six also
acquitted. At least thirty-seven votes were needed to convict. If a bare
quorum was present, at least thirteen votes were necessary to condemn.
A very peculiar rule of Hebrew law provided that "a simultaneous and
unanimous verdict of guilty rendered on the day of trial, had the effect
of an acquittal."[115] Such a verdict was considered to be lacking in
the element of mercy, and was thought to result more from conspiracy and
mob violence than from mature judicial deliberation.
_Jurisdiction of the Great Sanhedrin._--The jurisdiction of the Great
Sanhedrin is briefly and concisely stated in the Mishna:
_The judgement of the seventy-one is besought when the affair
concerns a whole tribe or is regarding a false prophet or the
high-priest; when it is a question whether war shall be declared or
not; when it has for its object the enlargement of Jerusalem or its
suburbs; whether tribunals of twenty-three shall be instituted in
the provinces, or to declare that a town has become defiled, and to
place it under ban of excommunication.[116]_
Edward Gibbon has also defined the jurisdiction of the same court as
follows:
_With regard to civil objects, it was the supreme court of appeal;
with regard to criminal matters, a tribunal constituted for the
trial of all offences that were committed by men in any public
station, or that affected the peace and majesty of the people. Its
most frequent and serious occupation was the exercise of judicial
power. As a council of state and as a court of justice, it
possessed many prerogatives. Every power was derived from its
authority, every law was ratified by its sanction._
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account