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?
According to Matthew, Caiaphas, before calling for the votes exclaimed: "He hath spoken blasphemy."[305] Instead of doing this should he not, under the law, have carefully concealed his opinion until the younger members of the court had voted? Is it not a matter of history that the opinion of the high priest was regarded as almost infallible authority among the ancient Hebrews? Did not this premature declaration of guilt on the part of the high priest rob the subordinate judges of freedom of suffrage?
The conduct of the case at the close, when the balloting took place, seems to justify the view of those writers who assert that there was no regular trial of Jesus, but rather the action of a mob.