The Mis Trials of Jesus

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Civ. Law, " Vol. 3, Sec. 2328, 2335. Best's ''Principles of Evidence, " Sec. 115, 131.
2. Colqu. , Vol. 3, Sec. 2329.
3. Id. , Sec. 2330.
4. "Summ. Of Rom. Civ. Law, " Vol. 3, Sec. 2009. "The period of this provision of the edict is not known; It was, however, clearly of comparatively recent introduction; pre- vious, however, to the age of Ulplan, circa A. D. 195. " Id. He cites Pothler, 3, i, i, Sec. 4.
THE MIS-TRIALS OF JESUS 199 majority vote by ballot, the question of guilt or in- nocence o
...f defendant. Judgment by the Procurator, upon the verdict, would end the trial. The unani- mous verdict, as a necessary condition to its legal- ity, was unknown to the ancient law, Roman or Jewish.
If there was any rule of criminal procedure under the Roman law at the time in question, which de- prived a defendant who was not a Roman citizen of any right of defense which the former could inter- pose, we are not aware of the fact;^ although, as we have seen from some authorities herein cited, the Roman Praetor in Rome, and the Governor or Pro- curator in the provinces possessed that imperial pow- er which gave him the arbitrary right, if he saw fit to exercise it, of denying to an accused person who was a foreigner in Rome, or a non-citizen resident of the province, the benefit of a regular Roman tri- bunal, and the further right of exercising in his own 5.


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