The Antiquities of the Jews, 4.218

Flavius Josephus  translated by William Whiston

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218But if these judges be unable to give a just sentence about the causes that come before them, (which case is not unfrequent in human affairs,) let them send the cause undetermined to the holy city, and there let the high priest, the prophet, and the sanhedrim, determine as it shall seem good to them.

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