Early on the morning of Friday of the Passover week, as we have already seen, "the chief priests with the elders and scribes, and the whole council" held a consultation (Mark), in the palace of the high priest; and after the examination of Jesus and their verdict that He was guilty of blasphemy, they took counsel against Him "to put him to death" (Mt), this being, in their judgment, the proper punishment for the offense of which they had pronounced Him guilty.
1. Taken before Pilate:
For the reasons already mentioned, they came to the conclusion that it would be necessary to invoke the aid of the Roman power in carrying out this sentence. They thereupon bound Jesus, and led Him away and delivered Him up to Pilate, who at this time probably occupied, while in Jerusalem, the magnificent palace built by Herod the Great. Jesus was taken into the judgment hall of the palace or Pretorium; His accusers, unwilling to defile themselves by entering into a heathen house and thereby rendering themselves unfit to eat the Passover, remained outside upon the marble pavement.
2. Roman Law and Procedure:
The proceedings thus begun were conducted under a system entirely different from that which we have thus far been considering, both in its nature and its administration. The Jewish law was apart of the religion, and in its growth and development was administered in important cases by a large body of trained men, who were obliged to follow strictly a well-defined procedure. The Roman law, on the other hand, had its origin and growth under the stern and manly virtues and the love of justice which characterized republican Rome, and it still jealously guarded the rights and privileges of Roman citizens, even in a conquered province. Striking illustrations of this truth are found in the life of Paul (see Ac 16:35-39; 22:24-29; 25:10-12). The lives and fortunes of the natives in an imperial province like Judea may be said to have been almost completely at the mercy of the Roman procurator or governor, who was responsible to his imperial master alone, and not even to the Roman senate. Pilate therefore was well within the mark when, at a later stage of the trial, being irritated at Jesus remaining silent when questioned by him, he petulantly exclaimed: "Speakest thou not unto me? knowest thou not that I have power to release thee, and have power to crucify thee?" (Joh 19:10). While, however, the procurator was not compelled in such cases to adhere strictly to the prescribed procedure, and had a wide discretion, he was not allowed to violate or depart from the established principles of the law.
On this occasion, Pilate, respecting the scruples of the chief priests about entering the palace, went outside at their request, apparently leaving Jesus in the Pretorium. He asked them the usual formal question, put at the opening of a Roman trial: "What accusation bring ye against this man?
3. Full Trial Not Desired:
They answered and said unto him, If he were not an evil-doer, we should not have delivered him up unto thee" (Joh 18:29 f the King James Version). Pilate could see at once that this was a mere attempt to evade the direct question he had asked, and was not such an accusation as disclosed any offense known to the Roman law. Affecting to treat it with disdain, and as something known only to their own law, he said, "Take him yourselves, and judge him according to your law. The Jews said unto him, It is not lawful for us to put any man to death" (Joh 18:31).
4. Final Accusation:
Perceiving that Pilate would not gratify their desire to have Jesus condemned on the verdict which they had rendered, or for an offense against their own law only, "they began to accuse him, saying, We found this man perverting our nation, and forbidding to give tribute to Caesar, and saying that he himself is Christ a king" (Lu 23:2). This was an accusation containing three charges, much like a modern indictment containing three counts. Pilate appears to have been satisfied that there was nothing in the first two of these charges; but the third was too serious to be ignored, especially as it was a direct charge of majestas or treason, the greatest crime known to the Roman law, and as to which the reigning emperor, Tiberius, and his then favorite, Sejanus, were particularly sensitive and jealous. The charges in this case were merely oral, but it would appear to have been in the discretion of the procurator to receive them in this form in the case of one who was not a Roman citizen.
5. Examination, Defence and Acquittal:
The accusers having been heard, Pilate returned to the Pretorium to examine Jesus regarding the last and serious accusation. The Four Gospels give in the same words the question put to him by Pilate, "Art thou the King of the Jews?" The first three record only the final affirmative answer, "Thou sayest," which if it stood alone might have been taken as a plea of guilty; but John gives the intervening discussion which explains the matter fully. He tells us that Jesus did not answer the question directly, but asked Pilate, "Sayest thou this of thyself, or did others tell it thee concerning me?" (Joh 18:34) (apparently not having been outside when the charges were made). On being told that it came from the chief priests, He went on to explain that His kingdom was not of this world, but was a spiritual kingdom. Being again asked if He was a king, He replied in effect, that He was a king in that sense, and that His subjects were those who were of the truth and heard His voice (Joh 18:35-37). Pilate, being satisfied with His explanation, "went out again unto the Jews," and apparently having taken Jesus with him, he mounted his judgment seat or movable tribunal, which had been placed upon the tesselated pavement, and pronounced his verdict, "I find in him no fault at all" (Joh 18:38 the King James Version, the Revised Version (British and American) "I find no crime in him").
6. Fresh Accusations:
According to the Roman law, this verdict of acquittal should have ended the trial and at once secured the discharge of Jesus; but instead it brought a volley of fresh accusations to which Jesus made no reply. Pilate hesitated, and hearing a charge that Jesus had begun His treasonable teaching in Galilee, the thought occurred to him that he might escape from his dilemma by sending Jesus for trial to Herod Antipas, the tetrarch of Galilee, who was then in Jerusalem for the feast, which he accordingly did (Lu 23:7).
7. Reference to Herod:
Herod had long been desirous to see Jesus--"hoped to see some miracle done by him," and "questioned him in many words; but he answered him nothing." The chief priests and scribes, who had followed him from the Pretorium to the Maccabean palace, which Herod was then occupying, "stood, vehemently accusing" Jesus (Lu 23:8-10). "That fox," however, as Jesus had called him (Lu 13:32), was too astute to intermeddle in a trial for treason, which was a dangerous proceeding, and possibly he was aware that Pilate had already acquitted Him; in which case a retrial by him would be illegal. He and his soldiers, probably irritated at the refusal of Jesus to give him any answer, mocked Him, and arraying Him in a gorgeous robe, no doubt in ridicule of His claim to be a king, sent Him back to Pilate. This reference to Herod in reality formed no effective part of the trial of Jesus, as Herod declined the jurisdiction, although Pilate sought to make use of it in his subsequent discussion with the chief priests. The only result was that Herod was flattered by the courtesy of Pilate, the enmity between them ceased, and they were made friends (Lu 23:11-12,15).
8. Jesus or Barabbas:
On their return, Pilate resumed his place on the judgment seat outside. What followed, however, properly formed no part of the legal trial, as it was a mere travesty upon law as well as upon justice. Pilate resolved to make another attempt to secure the consent of the Jews to the release of Jesus. To this end he summoned not only the chief priests and the rulers, but "the people" as well (Lu 23:13), and after mentioning the failure to prove any of the charges made against Jesus, he reminded them of the custom of releasing at the feast a prisoner selected by them, and offering as a compromise to chastise or scourge Jesus before releasing Him. At this point Pilate's anxiety to release Jesus was still further increased by the message he received from his wife concerning her disturbing dream about Jesus and warning him to "have .... nothing to do with that righteous man" (Mt 27:19). Meanwhile, the chief priests and elders were busily engaged in canvassing the multitude to ask for the release of Barabbas, the notable robber, and destroy Jesus (Mt 27:20). When Pilate urged them to release Jesus, they cried out all together, "Away with this man, and release unto us Barabbas"; and upon a further appeal on behalf of Jesus they cried, "Crucify, crucify him." A third attempt on his part met with no better result (Lu 23:18-23).
9. Behold the Man!:
The Fourth Gospel alone records a final attempt on the part of Pilate to save Jesus. He scourged Him, it has been suggested, with a view to satisfying their desire for His punishment, and afterward appealing to their pity. He allowed his soldiers to repeat what they had seen done at Herod's palace, and place a crown of thorns upon His head, array Him in a purple robe, and render mock homage to Him as king of the Jews. Pilate went out to the Jews with Jesus thus arrayed and bleeding. Again declaring that he found no fault in Him, he presented Him, saying, "Behold, the man!" This was met by the former cry, "Crucify him, crucify him." Pilate replied, "Take him yourselves .... for I find no crime in him." The Jews referred him to their law by which He deserved death because He made Himself the Son of God. This alarmed Pilate's superstitious fears, who by this time appears to have wholly lost control of himself. He took Jesus into the palace and said to Him, "Whence art thou? But Jesus gave him no answer." Irritated at His silence, Pilate reminded Him of his absolute power over Him. The mysterious answer of Jesus as to the source of power still further alarmed him, and he made new efforts to secure His discharge (Joh 19:1-9).
10. Pilate Succumbs to Threats:
The Jews were well aware that Pilate was arbitrary and cruel, but they had also found that he was very sensitive as to anything that might injuriously affect his official position or his standing with his master, the emperor. As a last resort they shouted to him, "If thou release this man, thou art not Caesar's friend: every one that maketh himself a king speaketh against Caesar" (Joh 19:12). The prospect of a charge of his aiding and abetting such a crime as treason, in addition to the other charges that a guilty conscience told him might be brought against him, proved too much for the vacillating procurator. He brought Jesus out, and sat down again upon the judgment seat placed upon the pavement. He made one more appeal, "Shall I crucify your King?" The chief priests gave the hypocritical answer, "We have no king but Caesar" (Joh 19:15). Pilate finally succumbed to their threats and clamor; but took his revenge by placing upon the cross the superscription that was so galling to them, "THE KING OF THE JEWS."
11. Pilate Washes His Hands:
Then occurred the closing scene of the tragedy, recorded only in the First Gospel, when Pilate washed his hands before the multitude (a Jewish custom), saying to them, "I am innocent of the blood of this righteous man; see ye to it." The reply was that dreadful imprecation, "His blood be on us, and on our children" (Mt 27:24-25).
12. The Sentence:
Pilate resumes his place upon the judgment seat, the fatal sentence at last falls from his lips, and Jesus is delivered up to be crucified.
Now, how far were these proceedings in accordance with the Roman law under which they purported to have been taken and conducted? In the first place, Pilate, as procurator, was the proper officer to try the charges brought against Jesus.
13. Review:
In the next place he acted quite properly in declining to entertain a charge which disclosed no offense known to the Roman law, or to pass a sentence based on the verdict of the Sanhedrin for an alleged violation of the Jewish law. He appears to have acted in accordance with the law, and indeed in a judicial and praiseworthy manner in the trial and disposition of the threefold indictment for treason (unless it be a fact that Jesus was not present when these accusations were brought against Him outside the Pretorium, which would be merely an irregularity, as they were made known to him later inside). Pilate's initial mistake, which led to all the others, was in not discharging Jesus at once, when he had pronounced the verdict of acquittal.
All the subsequent proceedings were contrary to both the letter and the spirit of the law. Although Pilate took his place upon the judgment seat, his acts, properly speaking, were not those of a judge, and had no legal force or value; but were rather the futile attempts of a weak and vacillating politician to appease an angry mob thirsting for the blood of an innocent countryman. The carrying out of a sentence imposed in such circumstances, and under such conditions, may not inaptly be described as a judicial murder.
John James Maclaren