Besides jurisdiction in criminal matters, the Sanhedrins of
three-and-twenty members performed certain civil functions. They were
the tax boards of the various provinces. They constituted the regular
agencies of government for the distribution of public charity. The
management and administration of public elementary schools were under
their control. The legal standards of weights and measures were
inspected by them and received their seals. Sanitary regulations,
repairing the defenses of walled cities, and maintaining the public
highways in good condition, were among the duties of the Minor
Sanhedrins.
The qualifications of judges of these courts were the same as those
required for membership in the Great Sanhedrin. This was true because
the judges of the provincial courts might be promoted to the supreme
tribunal at Jerusalem. The Minor Sanhedrins might be very aptly
described as the _nisi prius_ courts of the Commonwealth of Israel. It
was in these courts of three-and-twenty members that the bulk of Hebrew
litigation was disposed of. It seems that, though equal in number, they
were not all regarded as equal in learning or authority. It is
distinctly stated that appeals could be taken from one Minor Sanhedrin
to another "deemed of superior authority."[118] The difference was
probably due to the fact that in the larger towns were located colleges
and schools, some of whose professors were doubtless either advisers or
members of the local Sanhedrin. At any rate, when a difficult question,
civil or criminal, could not be determined, for want of an authoritative
and registered decision, by an ordinary Sanhedrin of three-and-twenty
judges, the matter was referred to the nearest neighboring Sanhedrin
thought to be of greater repute. If no authentic tradition offering a
solution of the litigated question was in the possession of the
Sanhedrin to which appeal had been taken, the matter was then referred
to the first Minor Sanhedrin in Jerusalem which sat in the Har-habaith.
If the judges of this court were themselves without precedent touching
upon the litigated proposition, it was still further referred to the
second Minor Sanhedrin of Jerusalem, located in the Azarah. If, again,
this Court was without the necessary tradition that would enable it to
decide the question, the matter was finally brought before the Great
Sanhedrin. If this august tribunal was without precedent and tradition
that would enable its members to dispose of the question according to
adjudicated cases, they then decided, nevertheless, in accordance with
the sentiments and principles of natural justice.
It should be remembered that of the Minor Sanhedrins to which every town
of one hundred and twenty families was entitled, two sat at Jerusalem.
It was left optional with a litigant from the provinces to appeal to the
local Sanhedrin or to one of the Minor Sanhedrins in Jerusalem. Local
bias or prejudice was thus avoided.
Public-domain text, read in full here on John Shaqi.
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