The Trial of Jesus from a Lawyer's Standpoint Volume II Part 4

From the foregoing, it may be readily seen that it is impossible to appreciate the legal aspects of the trial of Jesus before Pilate, unless it is constantly kept in mind that the Roman const.i.tution, which was binding upon the whole empire, reserved to the state the right to permit or forbid the existence of new religious faiths and the exercise of rights of conscience in religious matters. Rome was perfectly willing to tolerate all religions as long as they were peaceful and pa.s.sive in their relations with other religions. But when a new and aggressive faith appeared upon the scene, proclaiming the strange dogma that there was but one name under heaven whereby men might be saved, and demanding that every knee bow at the mention of that name, and threatening d.a.m.nation upon all who refused, the majesty of Roman law felt itself insulted and outraged; and persecution, torture, and death were the inevitable result. The best and wisest of the Roman emperors, Trajan and the Antonines, devoted to the ax or condemned to crucifixion the early Christians, not because Christianity was spiritually false, but because it was aggressive and intolerant, and they believed its destruction necessary to the maintenance of the supremacy and sovereignty of the Roman State.

An interesting correspondence between Pliny and Trajan, while the former was governor of Bithynia, reveals the Roman conception of and att.i.tude toward Christianity. Pliny wrote to Trajan: "In the meanwhile, the method I have observed toward those who have been brought before me as Christians is this: I asked them whether they were Christians; if they admitted it, I repeated the question twice, and threatened them with punishment; if they persisted, I ordered them to be at once punished, for I was persuaded, whatever the nature of their opinions might be, a contumacious and inflexible obstinacy certainly deserved correction.

There were others also brought before me possessed with the same infatuation, but being Roman citizens, I directed them to be sent to Rome."

To this, Trajan replied: "You have adopted the right course, my dearest Secundus, in investigating the charges against the Christians who were brought before you. It is not possible to lay down any general rule for all such cases. Do not go out of your way to look for them. If, indeed, they should be brought before you, and the crime is proved, they must be punished; with the restriction, however, that where the party denies he is a Christian, and shall make it evident he is not, by invoking our G.o.ds, let him (notwithstanding any former suspicion) be pardoned upon his repentance."[50] Here the magnanimous Trajan called Christianity a crime, and this was the popular Roman conception of it during the first two centuries of its existence.

Now, it is true that Christianity was not on trial before Pilate; but the Author of Christianity was. And the same legal principles were extant and applicable that afterwards brought the Roman State and the followers of the Nazarene into mortal conflict. For the prisoner who now stood before the procurator to answer the charge of high treason a.s.serted substantially the same claims and proclaimed the same doctrines that afterwards caused Rome to devote His adherents to flames and to wild beasts in the amphitheater. The record does not disclose that Pilate became fully acquainted at the trial of Jesus with His claims and doctrines. On the other hand, it is clear that he became convinced that the claim of Jesus to be "Christ a King" was not a pretension to earthly sovereignty. But, nevertheless, whatever might have been the information or the notions of the deputy of Tiberius, the teachings of Jesus were inconsistent and incompatible with the public law of the Roman State.

Pilate was not necessarily called upon to enforce this law, since it was frequently the duty of Roman governors, as intimated by Trajan in his letter to Pliny, to exercise leniency in dealing with religious delinquents.

To summarize, then: it may be said that the Roman law applicable to the trial of Jesus was the _lex Julia Majestatis_, interpreted either in the light of claims to actual kings.h.i.+p made by Jesus, or to kings.h.i.+p of a religious realm whose character and existence were a menace to the religion and laws of Rome. In the light of the evidence adduced at the hearing before Pilate, these legal principles become mere abstract propositions, since there seems to have been neither necessity nor attempt to enforce them; but they were in existence, nevertheless, and were directly applicable to the trial of Jesus.

[Ill.u.s.tration: PONTIUS PILATE (MUNKACSY)]

CHAPTER VII

PONTIUS PILATE

_His Name._--The praenomen or first name of Pilate is not known. Rosadi calls him Lucius, but upon what authority is not stated. His nomen or family name indicates that he was connected either by descent or by adoption with the gens of the Pontii, a tribe first made famous in Roman history in the person and achievements of C. Pontius Telesinus, the great Samnite general. A German legend, however, offers another explanation. According to this story, Pilate was the natural son of Tyrus, King of Mayence. His father sent him to Rome as a hostage, and there he was guilty of murder. Afterwards he was sent to Pontus, where he distinguished himself by subduing certain barbarian tribes. In recognition of his services, it is said, he received the name Pontius.

But this account is a pure fabrication. It is possible that it was invented by the 22d legion, which was a.s.signed to Palestine at the time of the destruction of Jerusalem, and was afterwards stationed at Mayence. The soldiers of this legion might have been "either the bearers of this tradition or the inventors of the fable."

It is historically almost certain that Pilate was a native of Seville, one of the cities of Baetic Spain that enjoyed rights of Roman citizens.h.i.+p. In the war of annihilation waged by Agrippa against the Cantabrians, the father of Pilate, Marcus Pontius, acquired fame as a general on the side of Rome. He seems to have been a renegade to the cause of the Spaniards, his countrymen. And when Spain had been conquered by Rome, as a reward for service, and as a mark of distinction, he received the pilum (javelin), and from this fact his family took the name of Pilati. This is the common explanation of the origin of the cognomen Pilatus.

Others have sought to derive the word Pilate from _pileatus_, which, among the Romans, was the cap worn as a badge of servitude by manumitted slaves. This derivation would make Pontius Pilate a _libertus_, or the descendant of one.

Of his youth, very little is known. But it is believed that, after leaving Spain, he entered the suite of Germanicus on the Rhine and served through the German campaigns; and that, when peace was concluded, he went to Rome in search of fortune and in pursuit of pleasure.

_His Marriage._--Soon after his arrival in Rome, Pilate was married to Claudia, the youngest daughter of Julia, the daughter of Augustus. Julia was a woman of the most dissolute and reckless habits. According to Suetonius, nothing so embittered the life of the Roman emperor as the shameful conduct of the mother of the wife of the procurator of Judea.

He had reared her with the utmost care, had accustomed her to domestic employments such as knitting and spinning, and had sought to inculcate principles of purity and n.o.bility of soul by requiring her to speak and act openly before the family, that everything which was said and done might be put down in a diary. His guardians.h.i.+p of the attentions paid her by young men was so strict that he once wrote a letter to Lucius Vinicius, a handsome young man of good family, in which he said: "You have not behaved very modestly, in making a visit to my daughter at Baiae." Notwithstanding this good training, Julia became one of the lewdest and coa.r.s.est women in Rome. Augustus married her first to Marcellus; then, after the death of Marcellus, to Marcus Agrippa; and, finally, to Tiberius. But in spite of the n.o.ble matches that had been made for her, her lewdness and debaucheries became so notorious that Augustus was compelled to banish her from Rome. It is said that he was so much ashamed of her infamous conduct that for a long time he avoided all company, and even had thoughts of putting her to death. His sorrow and humiliation are shown from the circ.u.mstance that when one Phoebe, a freedwoman and confidante of hers, hanged herself about the time the decree of banishment was pa.s.sed by the senate, he said: "I had rather be the father of Phoebe than of Julia." And whenever the name of Julia was mentioned to him, during her exile, Augustus was wont to exclaim: "Would I were wifeless, or had childless died."[51]

Such was the character of Julia, mother-in-law of Pilate. In exile, she bore Claudia to a Roman knight. In her fifteenth year, the young girl met the Spaniard in Rome and was courted by him. Nothing better ill.u.s.trates the character of Pilate than his union with this woman with whose origin and bringing up he was well acquainted. It was a servile and l.u.s.tful rather than a n.o.ble and affectionate eye which he cast upon her. Having won the favor of Tiberius and the consent of Claudia, the marriage was consummated. After the nuptial rites, tradition has it that Pilate desired to follow the bride in the imperial litter; but Tiberius, who had acted as one of the twelve witnesses required by the law, forced him back, and drawing a paper from his bosom, handed it to him and pa.s.sed on. This paper contained his commission as procurator of Judea; and the real object of the suit paid to Claudia was attained.

Pilate proceeded at once to Caesarea, the headquarters of the government of his province. His wife, who had been left behind, joined him afterwards. Caesar's permission to do this was a most gracious concession, as it was not generally allowed that governors of provinces should take their wives with them. At first it was positively forbidden.

But afterwards a _senatus consult_, which is embodied in the Justinian text, declared it better that the wives of proconsuls and procurators should not go with them, but ordaining that said officials might take their wives with them provided they made themselves personally responsible for any transgressions on their part. Notwithstanding the numerous restrictions of Roman law and custom, it is very evident that the wives of Roman officers frequently accompanied them to the provinces. From Tacitus we learn that at the time of the death of Augustus, Germanicus had his wife Agrippina with him in Germany; and afterwards, in the beginning of the reign of Tiberius, she was also with him in the East. Piso, the praefect of Syria, took his wife with him at the same time. These facts are historical corroborations of the Gospel accounts of the presence of Claudia in Jerusalem at the time of the crucifixion and of her warning dream to Pilate concerning the fate of the Master.

_His Procurators.h.i.+p._--Pontius Pilate was the sixth procurator of Judea.

Sabinus, Coponius, Ambivus, Rufus, and Gratus had preceded him in the government of the province. Pilate's connection with the trial and crucifixion of Jesus will be dealt with in succeeding chapters of this volume. Only the chief acts of his public administration, in a purely political capacity, will be noticed here. One of the first of these acts serves well to ill.u.s.trate the reckless and tactless character of the man. His predecessors in office had exercised great care in the matter of the religious prejudices of the Jews. They had studiously avoided exhibiting flags and other emblems bearing images of the emperor that might offend the sacred sentiments of the native population. Even Vitellius, the legate of Syria, when he was marching against the Arabian king Aretas, ordered his troops not to carry their standards into Jewish territory, but to march around it. Pilate, on the other hand, in defiance of precedent and policy, caused the garrison soldiers of Jerusalem to enter the city by night carrying aloft their standards, blazoned with the images of Tiberius. The news of this outrage threw the Jews into wild excitement. The people in great numbers flocked down to Caesarea, where Pilate was still stopping, and begged him to remove the standards. Pilate refused; and for five days the discussion went on. At last he became enraged, summoned the people into the race course, had them surrounded by a detachment of soldiers, and served notice upon them that he would have them put to death if they did not become quiet and disperse. But, not in the least dismayed, they threw themselves upon the ground, laid bare their necks, and, in their turn, served notice upon Pilate that they, the children of Abraham, would rather die, and that they would die, before they would willingly see the Holy City defiled.

The result was that Pilate finally yielded, and had the standards and images withdrawn from Jerusalem. Such was the Roman procurator and such the people with whom he had to deal. Thus the very first act of his procurators.h.i.+p was a blunder which embarra.s.sed his whole subsequent career.

A new storm burst forth when, on another occasion, Pilate appropriated funds from the Corban or sacred treasury to complete an aqueduct for bringing water to Jerusalem from the "Pools of Solomon." This was certainly a most useful enterprise; and, ordinarily, would speak well for the statesmans.h.i.+p and administrative ability of the procurator. But, in this instance, it was only another exhibition of tactless behavior in dealing with a stubborn and peculiar people. The Jews had a very great reverence for whatever was set apart for the Corban, and they considered it a form of awful impiety to devote its funds to secular purposes.

Pilate, we must a.s.sume, was well acquainted with their religious scruples in this regard, and his open defiance of their prejudices was an ill.u.s.tration not of courage, but of weakness in administrative matters. Moreover, his final conduct in the matter of the aqueduct revealed a malignant quality in the temper of the man. On one occasion when he was getting ready to go to Jerusalem to supervise the building of this work, he learned that the people would again importune him, as in the case of the standards and the images. He then deliberately caused some of his soldiers to be disguised as Jewish citizens, had them armed with clubs and daggers, which they carried concealed beneath their upper garments; and when the mult.i.tude approached him to make complaints and to present their pet.i.tions, he gave a preconcerted signal, at which the a.s.sa.s.sins beat down and cut to pieces great numbers of the helpless crowds. Pilate was victorious in this matter; for the opposition to the building of the aqueduct was thus crushed in a most b.l.o.o.d.y manner. But hatred against Pilate was stirred up afresh and intensified in the hearts of the Jews.

A third act of defiance of the religious prejudices of the inhabitants of Jerusalem ill.u.s.trates not only the obstinacy but the stupidity as well of the deputy of Caesar in Judea. In the face of his previous experiences, he insisted on hanging up in Herod's palace certain gilt s.h.i.+elds dedicated to Tiberius. The Jews remonstrated with him in vain for this new outrage upon their national feelings. They were all the more indignant because they believed that he had done it, "less for the honor of Tiberius than for the annoyance of the Jewish people." Upon the refusal of Pilate to remove the s.h.i.+elds, a pet.i.tion signed by the leading men of the nation, among whom were the four sons of Herod, was addressed to the emperor, asking for the removal of the offensive decorations. Tiberius granted the request and the s.h.i.+elds were taken from Jerusalem and deposited in the temple of Augustus at Caesarea--"And thus were preserved both the honor of the emperor and the ancient customs of the city."[52]

The instances above cited are recounted in the works of Josephus[53] and Philo. But the New Testament also contains intimations that Pilate was a cruel and reckless governor in his dealings with the Jews. According to St. Luke xiii. 1: "There were present at that season some that told him of the Galileans, whose blood Pilate had mingled with their sacrifices."

Nothing definite is known of this incident mentioned by the Evangelist.

But it probably refers to the fact that Pilate had put to the sword a number of Galileans while they were offering their sacrifices at Jerusalem.

_His Character._--The estimates of the character of Pilate are as varied as the races and creeds of men. Both Josephus and Philo have handed down to posterity a very ugly picture of the sixth Roman procurator of Judea. Philo charges him with "corruptibility, violence, robberies, ill-treatment of the people, grievances, continuous executions without even the form of a trial, endless and intolerable cruelties." If we were to stop with this, we should have a very poor impression of the deputy of Tiberius; and, indeed at best, we can never either admire or love him. But there is a tender and even pathetic side to the character of Pilate, which is revealed to us by the Evangelists of the New Testament.

The pure-hearted, gentle-minded authors of the Gospels, in whose writings there is not even a tinge of bitterness or resentment, have restored "for us the man within the governor, with a delicacy, and even tenderness, which make the accusing portrait of Philo and Josephus look like a hard, revengeful daub." Instead of painting him as a monster, they have linked conscience to his character and placed mercy in his heart, by their accounts of his repeated attempts to release Jesus. The extreme of pity and of pathos, derived from these exquisitely merciful side touches of the gentle biographers of the Christ, is manifested in the opinion of Tertullian that Pilate was virtually a Christian at heart.[54]

A further manifestation is the fact that the Abyssinian Church of Christians has canonized him and placed his name in the calendar on June 25th.

A still further revelation of this spirit of regarding Pilate merely as a sacred instrument in the hands of G.o.d is shown by the Apocryphal Gospel of Nicodemus which speaks of him as "uncirc.u.mcised in flesh but circ.u.mcised in heart."

Renan has called him a good administrator, and has sought to condone his brutal treatment of the Jews by pointing to the necessity of vigorous action in dealing with a turbulent and fanatical race. But the combined efforts of both sacred and secular apologists are still not sufficient to save the name of Pilate from the scorn and reprobation of mankind.

That he was not a bad man in the worst sense of the term is manifest from the teachings of the Gospel narratives. To believe that he was wholly without conscience is to repudiate the revelations of these sacred writings. Of wanton cruelty and gratuitous wickedness, he was perhaps incapable. But the circ.u.mstances of his birth and breeding; his descent from a renegade father; his adventurous life in the army of Germanicus; his contact with and absorption of the skepticism and debauchery of Rome; his marriage to a woman of questionable virtue whose mother was notoriously coa.r.s.e and lewd--all these things had given coloring to the character of Pilate and had stricken with inward paralysis the moral fiber of his manhood. And now, in the supreme moment of his life and of history, from his nerveless grasp fell the reins of fate and fortune that destiny had placed within his hands. Called upon to play a leading role in the mighty drama of the universe, his craven cowardice made him a pitiable and contemptible figure. A splendid example this, the conduct of Pilate, for the youth of the world, not to imitate but to shun! Let the young men of America and of all the earth remember that a crisis is allotted to every life. It may be a great one or a small one, but it will come either invited or unbidden. The sublime courage of the soul does not avoid, but seeks this crisis. The bravest and most holy aspirations leap at times like angels from the temple of the brain to the highest heaven. Never a physician who does not long for the skill that discovers a remedy for disease and that will make him a Pasteur or a Koch; never a poet that does not beseech the muse to inspire him to write a Hamlet or a Faust; never a general of armies who would not fight an Austerlitz battle. Every ambitious soul fervently prays for strength, when the great crisis comes, to swing the hammer of the Cyclop with the arm of the t.i.tan. Let the young aspirant for the glories of the earth and the rewards of heaven remember that youth is the time for the formation of that courage and the gathering of that strength of which victory is born. Let him remember that if he degrades his physical and spiritual manhood in early life, the coming of the great day of his existence will make him another Pilate--cringing, crouching, and contemptible.

The true character of the Roman judge of Jesus is thus very tersely given by Dr. Ellicott: "A thorough and complete type of the later Roman man of the world: stern, but not relentless; shrewd and worldworn, prompt and practical, haughtily just, and yet, as the early writers correctly perceived, self-seeking and cowardly; able to perceive what was right, but without moral strength to follow it out."[55]

_His End._--Pilate's utter recklessness was the final cause of his undoing. It was an old belief among the Samaritans that Moses buried the sacred vessels of the temple on Mt. Gerizim. An impostor, a sort of pseudo-prophet, promised the people that if they would a.s.semble on the top of the mountain, he would unearth the holy utensils in their presence. The simple-minded Samaritans a.s.sembled in great numbers at the foot of the Mount, and there preparing to ascend, when Pilate on the pretense that they were revolutionists, intercepted them with a strong force of horse and foot. Those who did not immediately submit were either slain or put to flight. The most notable among the captives were put to death. The Samaritans at once complained to Vitellius, the legate in Syria at that time. Vitellius at once turned over the administration of Judea to Marcellus and ordered Pilate to leave for Rome in order to give an account to the emperor of the charges brought against him by the Jews.[56] Before he arrived in Italy, Tiberius had died; but Pilate never returned to the province over which he had ruled during ten b.l.o.o.d.y and eventful years.

"_Paradosis Pilati._"--The death of Pilate is clouded in mystery and legend. Where and when he died is not known. Two apocryphal accounts are interesting, though false and ridiculous. According to one legend, the "Paradosis Pilati," the emperor Tiberius, startled and terrified at the universal darkness that had fallen on the Roman world at the hour of the crucifixion, summoned Pilate to Rome to answer for having caused it. He was found guilty and condemned to death; but before he was executed, he prayed to Jesus that he might not be destroyed in eternity with the wicked Jews, and pleaded ignorance as an excuse for having delivered the Christ to be crucified. A voice from heaven answered his prayer, and a.s.sured him that all generations would call him blessed, and that he should be a witness for Christ at his second coming to judge the Twelve Tribes of Israel. He was then executed; an angel, according to the legend, received his head; and his wife died from joy and was buried with him.

"_Mors Pilati._"--According to another legend, the "Mors Pilati,"

Tiberius had heard of the miracles of healing wrought by Jesus in Judea.

He ordered Pilate to conduct to Rome the man possessed of such divine power. But Pilate was forced to confess that he had crucified the miracle worker. The messenger sent by Tiberius met Veronica who gave him the cloth that had received the impress of the divine features. This was taken to Rome and given to the emperor, who was restored to health by it. Pilate was summoned immediately to stand trial for the execution of the Christ. He presented himself wearing the holy tunic. This acted as a charm upon the emperor, who temporarily relented. After a time, however, Pilate was thrown into prison, where he committed suicide. His body was thrown into the Tiber. Storms and tempests immediately followed, and the Romans were compelled to take out the corpse and send it to Vienne, where it was cast into the Rhone. But as the storms and tempests came again, the body was again removed and sent to Lucerne, where it was sunk in a deep pool, surrounded by mountains on all sides. Even then, it is said, the water of the pool began to boil and bubble strangely.

This tradition must have had its origin in an early attempt to connect the name of Pilate with Mt. Pilatus that overlooks Lake Lucerne. Another legend connected with this mountain is that Pilate sought to find an asylum from his sorrows in its shadows and recesses; that, after spending years in remorse and despair, wandering up and down its sides, he plunged into the dismal lake which occupies its summit. In times past, popular superst.i.tion was wont to relate how "a form is often seen to emerge from the gloomy waters, and go through the action of was.h.i.+ng his hands; and when he does so, dark clouds of mist gather first round the bosom of the Infernal Lake (such as it has been styled of old) and then wrapping the whole upper part of the mountain in darkness, presage a tempest or hurricane which is sure to follow in a short s.p.a.ce."[57]

The superst.i.tious Swiss believed for many centuries that if a stone were thrown into the lake a violent storm would follow. For many years no one was permitted to visit it without special authority from the officers of Lucerne. The neighboring shepherds bound themselves by a solemn oath, which they renewed annually, never to guide a stranger to it.[58] The strange spell was broken, however, and the legend exploded in 1584, when Johannes Muller, cure of Lucerne, was bold enough to throw stones into the lake, and to stand by complacently to await the consequences.[59]

CHAPTER VIII

JESUS BEFORE PILATE

At the close of their trial, according to Matthew[60] and Mark,[61] the high priest and the entire Sanhedrin led Jesus away to the tribunal of the Roman governor. It was early morning, probably between six and seven o'clock, when the accusing mult.i.tude moved from the judgment seat of Caiaphas to the Praetorium of Pilate. Oriental labor antic.i.p.ates the day because of the excessive heat of noon; and, at daybreak, Eastern life is all astir. To accommodate the people and to enjoy the repose of midday, Roman governors, Suetonius tells us, mounted the _bema_ at sunrise. The location of the judgment hall of Pilate in Jerusalem is not certainly known. It may have been in the Castle of Antonia, a frowning fortress that overlooked the Temple and its courts. Much more probably, however, it was the magnificent palace of Herod, situated in the northwest quarter of the city. This probability is heightened by the fact that it was a custom born of both pride and pleasure, for Roman procurators and proconsuls to occupy the splendid edifices of the local kings. The Roman propraetor of Sicily dwelt in the Castle of King Hiero; and it is reasonable to suppose that Pilate would have pa.s.sed his time while at Jerusalem in the palace of Herod. This building was frequently called the "King's Castle," sometimes was styled the "Praetorium," and was often given the mixed name of "Herod's Praetorium." But, by whatever name known, it was of gorgeous architecture and magnificent proportions. Keim describes it as "a tyrant's stronghold and in part a fairy pleasure-house." A wall thirty cubits high completely encircled the buildings of the palace. Beautiful white towers crowned this wall at regular intervals. Three of these were named in honor of Mariamne, the wife; Hippicus, the friend; and Phasaelus, the brother of the king.

Within the inclosure of the wall, a small army could have been garrisoned. The floors and ceilings of the palace were decorated and adorned with the finest woods and precious stones. Projecting from the main building were two colossal marble wings, named for two Roman imperial friends, the Caesareum and the aegrippeum. To a person standing in one of the towers, a magnificent prospect opened to the view.

Surrounding the castle walls were beautiful green parks, intercepted with broad walks and deep ca.n.a.ls. Here and there splas.h.i.+ng fountains gushed from brazen mouths. A hundred dovecots, scattered about the basins and filled with cooing and fluttering inmates, lent charm and animation to the scene. And to crown the whole, was the splendid panorama of Jerusalem stretching away among the hills and valleys. Such was the residence of the Roman knight who at this time ruled Judea. And yet, with all its regal splendor and magnificence, he inhabited it only a few weeks in each year. The Jewish metropolis had no fascination whatever for the tastes and accomplishments of Pilate. "The saddest region in the world," says Renan, who had been imbued, from long residence there, with its melancholy character, "is perhaps that which surrounds Jerusalem." "To the Spaniard," says Rosadi, "who had come to Jerusalem, by way of Rome, and who was also of courtly origin, there could have been nothing pleasing in the parched, arid and colorless nature of Palestine, much less in the humble, mystic, out-at-elbows existence of its people. Their superst.i.tion, which would have nothing of Roman idolatry, which was their sole belief, their all, appeared to him a reasonable explanation, and a legitimate one, of their disdain and opposition. He therefore detested the Jews, and his detestation was fully reciprocated." It is not surprising, then, that he preferred to reside at Caesarea by the sea where were present Roman modes of thought and forms of life. He visited Jerusalem as a matter of official duty, "during the festivals, and particularly at Easter with its dreaded inspirations of the Jewish longing for freedom, which the festival, the air of spring and the great rendezvous of the nation, charmed into activity." In keeping with this custom, Pilate was now in the Jewish Capital on the occasion of the feast of the Pa.s.sover.

Having condemned Him to death themselves, the Sanhedrin judges were compelled to lead Jesus away to the Praetorium of the Roman governor to see what he had to say about the case; whether he would reverse or affirm the condemnation which they had p.r.o.nounced. Between dawn and sunrise, they were at the palace gates. Here they were compelled to halt. The Pa.s.sover had commenced, and to enter the procurator's palace at such a time was to incur Levitic contamination. A dozen judicial blunders had marked the proceedings of their own trial in the palace of Caiaphas. And yet they hesitated to violate a purely ritual regulation in the matter of ceremonial defilement. This regulation was a prohibition to eat fermented food during the Pa.s.sover Feast, and was sacred to the memory of the great deliverance from Egyptian bondage when the children of Israel, in their flight, had no time to ferment their dough and were compelled to consume it before it had been leavened.

Their purposes and scruples were announced to Pilate; and, in a spirit of gracious and politic condescension, he removed the difficulty by coming out to meet them. But this action was really neither an inconvenience nor a condescension; for it was usual to conduct Roman trials in the open air. Publicity was characteristic of all Roman criminal proceedings. And, in obedience to this principle, we find that the proconsul of Achaia at Corinth, the city magistrates in Macedonia, and the procurators at Caesarea and Jerusalem, erected their tribunals in the most conspicuous public places, such as the market, the race course, and even upon the open highway.[62] An example directly in point is, moreover, that of the procurator Florus who caused his judgment seat to be raised in front of the palace of Herod, A.D. 66, and, enthroned thereon, received the great men of Jerusalem who came to see him and gathered around his tribunal. To the same place, according to Josephus, the Jewish queen Bernice came barefoot and suppliant to ask favors of Florus.[63] The act of Pilate in emerging from the palace to meet the Jews was, therefore, in exact compliance with Roman custom. His judgment seat was doubtless raised immediately in front of the entrance and between the great marble wings of the palace. Pilate's tribune or _bema_ was located in this s.p.a.ce on the elevated spot called Gabaatha, an Aramaic word signifying an eminence, a "hump." The same place in Greek was called Lithostroton, and signified "The Pavement," because it was laid with Roman marble mosaic. The location on an eminence was in accordance with a maxim of Roman law that all criminal trials should be directed from a raised tribunal where everybody could see and understand what was being said and done. The ivory curule chair of the procurator, or perhaps the ancient golden royal chair of Archelaus was placed upon the tessellated pavement and was designed for the use of the governor.

As a general thing, there was sitting room on the tribunal for the a.s.sessors, the accusers and the accused. But such courtesies and conveniences were not extended to the despised subjects of Judea; and Jesus, as well as the members of the Sanhedrin, was compelled to stand.

The Latin language was the official tongue of the Roman empire, and was generally used in the administration of justice. But at the trial of Jesus it is believed that the Greek language was the medium of communication. Jesus had doubtless become acquainted with Greek in Galilee and probably replied to Pilate in that tongue. This is the opinion, at least, of both Keim[64] and Geikie.[65] The former a.s.serts that there was no interpreter called at the trial of Christ. It is also reasonably certain that no special orator like Tertullus, who informed the governor against Paul, was present to accuse Jesus.[66] Doubtless Caiaphas the high priest played this important role.

When Pilate had mounted the _bema_, and order had been restored, he asked:

"What accusation bring ye against this man?"