The Trial of Jesus from a Lawyer's Standpoint Volume II Part 6

CHAPTER IX

JESUS BEFORE HEROD

It was still early morning when Jesus, guarded by Roman soldiers and surrounded by a jeering, scoffing, raging mult.i.tude of Jews, was conducted to the palace of the Maccabees on the slope of Zion, the official residence of Herod when he came to Jerusalem to attend the sacred festivals. This place was to the northeast of the palace of Herod and only a few streets distant from it. The journey must have lasted therefore only a few minutes.

But who was this Herod before whom Jesus now appeared in chains? History mentions many Herods, the greatest and meanest of whom was Herod I, surnamed the Great, who ordered the ma.s.sacre of the Innocents at Bethlehem. At his death, he bequeathed his kingdom to his sons. But being a client-prince, a _rex socius_, he could not finally dispose of his realm without the consent of Rome. Herod had made several wills, and, at his death, contests arose between his sons for the vacant throne of the father. Several emba.s.sies were sent to Rome to argue the rights of the different claimants. Augustus granted the pet.i.tioners many audiences; and, after long delay, finally confirmed practically the last will of Herod. This decision gave Judea, Samaria, and Idumea, with a tribute of six hundred talents, to Archelaus. Philip received the regions of Gaulanitis, Auranitis, Trachonitis, Batanea, and Iturea, with an income of one hundred talents. Herod Antipas was given the provinces of Galilee and Perea, with an annual tribute of two hundred talents and the t.i.tle of Tetrarch. The t.i.tle of Ethnarch was conferred upon Archelaus.

Herod Antipas, Tetrarch of Galilee, was the man before whom Jesus, his subject, was now led to be judged. The pages of sacred history mention the name of no more shallow and contemptible character than this petty princeling, this dissolute Idumaean Sadducee. Compared with him, Judas is eminently respectable. Judas had a conscience which, when smitten with remorse, drove him to suicide. It is doubtful whether Herod had a spark of that celestial fire which we call conscience. He was a typical Oriental prince whose chief aim in life was the gratification of his pa.s.sions. The worthlessness of his character was so p.r.o.nounced that it excited a nauseating disgust in the mind of Jesus, and disturbed for a moment that serene and lofty magnanimity which characterized His whole life and conduct. To Herod is addressed the only purely contemptuous epithet that the Master is ever recorded to have used. "And he said unto them, Go ye, and tell _that fox_, Behold, I cast out devils, and I do cures to-day and to-morrow, and the third day I shall be perfected."[87]

The son of a father who was ten times married and had murdered many of his wives; the murderer himself of John the Baptist; the slave of a lewd and wicked woman--what better could be expected than a cruel, crafty, worthless character, whose attributes were those of the fox?

But why was Jesus sent to Herod? Doubtless because Pilate wished to s.h.i.+ft the responsibility from his own shoulders, as a Roman judge, to those of the Galilean Tetrarch. A subsidiary purpose may have been to conciliate Herod, with whom, history says, he had had a quarrel. The cause of the trouble between them is not known. Many believe that the murder of the Galileans while sacrificing in the Temple was the origin of the unpleasantness. Others contend that this occurrence was the result and not the cause of the quarrel between Pilate and Herod. Still others believe that the question of the occupancy of the magnificent palace of Herod engendered ill feeling between the rival potentates.

Herod had all the love of gorgeous architecture and luxurious living that characterized the whole Herodian family. And, besides, he doubtless felt that he should be permitted to occupy the palace of his ancestors on the occasion of his visits to Jerusalem. But Pilate would naturally object to this, as he was the representative of almighty Rome in a conquered province and could not afford to give way, in a matter of palatial residence, to a petty local prince. But, whatever the cause, the unfriendliness between them undoubtedly had much to do with the transfer of Jesus from the Praetorium to the palace of the Maccabees.

"And when Herod saw Jesus, he was exceeding glad: for he was desirous to see him for a long season, because he had heard many things of him; and he hoped to have seen some miracle done by him."[88]

This pa.s.sage of Scripture throws much light upon Herod's opinion and estimate of Jesus. Fearing that he was the successor and imitator of Judas the Gaulonite, Herod at first sought to drive Him from his province by sending spies to warn Him to flee. The courageous and contemptuous reply of Jesus, in which he styled Herod "that fox," put an end to further attempts at intimidation.

The notions of the Galilean Tetrarch concerning the Galilean Prophet seem to have changed from time to time. Herod had once regarded Jesus with feelings of superst.i.tious dread and awe, as the risen Baptist. But these apprehensions had now partially pa.s.sed away, and he had come to look upon the Christ as a clever impostor whose claims to kings.h.i.+p and Messiahs.h.i.+p were mere vulgar dreams. For three years, Galilee had been ringing with the fame of the Miracle-worker; but Herod had never seen his famous subject. Now was his chance. And he antic.i.p.ated a rare occasion of magic and merriment. He doubtless regarded Jesus as a clever magician whose performance would make a rich and racy programme for an hour's amus.e.m.e.nt of his court. This was no doubt his dominant feeling regarding the Nazarene. But it is nevertheless very probable that his Idumaean cowardice and superst.i.tion still conjured images of a drunken debauch, the dance of death, and the b.l.o.o.d.y head; and connected them with the strange man now before him.

No doubt he felt highly pleased and gratified to have Jesus sent to him.

The petty and obsequious va.s.sal king was caught in Pilate's snare of flattery. The sending of a noted prisoner to his judgment seat by a Roman procurator was no ordinary compliment. But Herod was at once too serious and too frivolous to a.s.sume jurisdiction of any charges against this prisoner, who had offended both the religious and secular powers of Palestine. To condemn Jesus would be to incur the ill will and resentment of his many followers in his own province of Galilee.

Besides, he had already suffered keenly from dread and apprehension, caused by the a.s.sociation of the names of John and Jesus, and he had learned that from the blood of one murdered prophet would spring the message and mission of another still more powerful and majestic. He was, therefore, unwilling to embroil himself and his dominions with the heavenly powers by condemning their earthly representatives.

Again, though weak, crafty and vacillating, he still had enough of the cunning of the fox not to wish to excite the enmity of Caesar by a false judgment upon a noted character whose devoted followers might, at any moment, send an emba.s.sy to Rome to make serious and successful charges to the Emperor. He afterwards lost his place as Tetrarch through the suspicions of Caligula, who received news from Galilee that Herod was conspiring against him.[89] The premonitions of that unhappy day probably now filled the mind of the Idumaean.

On the other hand, Herod was too frivolous to conduct from beginning to end a solemn judicial proceeding. He evidently intended to ignore the pretensions of Jesus, and to convert the occasion of His coming into a festive hour in which languor and drowsiness would be banished from his court. He had heard much of the miracles of the prisoner in his presence. Rumor had wafted to his ears strange accounts of marvelous feats. One messenger had brought news that the Prophet of Nazareth had raised from the dead a man named Lazarus from Bethany, and also the son of the widow of Nain. Another had declared that the laws of nature suspended themselves on occasion at His behest; that when He walked out on the sea, He did not sink; and that He stilled the tempests with a mere motion of His hand. Still another reported that the mighty magician could take mud from the pool and restore sight; that a woman, ill for many months, need only touch the hem of His garment to be made whole again; and that if He but touched the flesh of a leper, it would become as tender and beautiful as that of a new-born babe. These reports had doubtless been received by Herod with sneers and mocking. But he gathered from them that Jesus was a clever juggler whose powers of entertainment were very fine; and this was sufficient for him and his court.

"Then he questioned with him in many words; but he answered him nothing."[90]

Herod thus opened the examination of Jesus by interrogating Him at length. The Master treated his insolent questions with contemptuous scorn and withering silence. No doubt this conduct of the lowly Nazarene greatly surprised and nettled the supercilious Idumaean. He had imagined that Jesus would be delighted to give an exhibition of His skill amidst royal surroundings. He could not conceive that a peasant would observe the contempt of silence in the presence of a prince. He found it difficult, therefore, to explain this silence. He probably mistook it for stupidity, and construed it to mean that the pretensions of Jesus were fraudulent. He doubtless believed that his captive would not work a miracle because He could not; and that in His failure to do so were exploded His claims to kings.h.i.+p and Messiahs.h.i.+p. At all events, he was evidently deeply perplexed; and this perplexity of the Tetrarch, in its turn, only served to anger the accusing priests who stood by.

"And the chief priests and scribes stood and vehemently accused him."[91]

This verse from St. Luke clearly reveals the difference in the temper and purposes of the Sanhedrists on the one hand, and of Herod on the other. The latter merely intended to make of the case of Jesus a farcical proceeding in which the jugglery of the prisoner would break the monotony of a day and banish all care during an idle hour. The priests, on the other hand, were desperately bent upon a serious outcome of the affair, as the words "vehemently accused" suggest. In the face of their repeated accusations, Jesus continued to maintain a n.o.ble and majestic silence.

Modern criticism has sought to a.n.a.lyze and to explain the behavior of Christ at the court of Herod. "How comes it," asks Strauss, "that Jesus, not only the Jesus without sin of the orthodox school, but also the Jesus who bowed to the const.i.tuted authorities, who says 'Give unto Caesar that which is Caesar's'--how comes it that he refuses the answer due to Herod?" The trouble with this question is that it falsely a.s.sumes that there was an "answer due to Herod." In the first place, it must be considered that Herod was not Caesar. In the next place, we must remember that St. Luke, the sole Evangelist who records the event, does not explain the character of the questions asked by Herod. Strauss himself says that they "displayed simple curiosity." Admitting that Jesus acknowledged the jurisdiction of Herod, was He compelled to answer irrelevant and impertinent questions? We do not know what these questions were. But we have reason to believe that, coming from Herod, they were not such as Jesus was called upon to answer. It is very probable that the prisoner knew His legal rights; and that He did not believe that Herod, sitting at Jerusalem, a place without his province, was judicially empowered to examine Him. If He was not legally compelled to answer, we are not surprised that Jesus refused to do so as a matter of graciousness and accommodation; for we must not forget that the Man-G.o.d felt that He was being questioned by a vulgar animal of the most cunning type.

But what is certain from the Scriptural context is that Herod felt chagrined and mortified at his failure to evoke from Jesus any response.

He was enraged that his plans had been foiled by one of his own subjects, a simple Galilean peasant. To show his resentment, he then resorted to mockery and abuse.

"And Herod with his men of war set him at nought, and mocked him, and arrayed him in a gorgeous robe, and sent him again to Pilate."[92]

We are not informed by St. Luke what special charge the priests brought against Jesus at the judgment seat of Herod. He simply says that they "stood and vehemently accused him." But we are justified in inferring that they repeated substantially the same accusations which had been made before Pilate, that He had claimed to be Christ a King. This conclusion best explains the mockery which they sought to heap upon Him; for in ancient times, when men became candidates for office, they put on white gowns to notify the people of their candidacy. Again, Tacitus a.s.sures us that white garments were the peculiar dress of ill.u.s.trious persons; and that the tribunes and consuls wore them when marching before the eagles of the legions into battle.[93]

The meaning of the mockery of Herod was simply this: Behold O Pilate, the ill.u.s.trious candidate for the kings.h.i.+p of the Jews! Behold the imperial gown of the royal peasant pretender!

The appearance before Herod resulted only in the humiliation of Jesus and the reconciliation of Pilate and Herod.

"And the same day Pilate and Herod were made friends together: for before they were at enmity between themselves."[94]

CHAPTER X

JESUS AGAIN BEFORE PILATE

The sending of Jesus to Herod had not ended the case; and Pilate was undoubtedly very bitterly disappointed. He had hoped that the Galilean Tetrarch would a.s.sume complete jurisdiction and dispose finally of the matter. On the contrary, Herod simply mocked and brutalized the prisoner and had him sent back to Pilate. The Roman construed the action of the Idumaean to mean an acquittal, and he so stated to the Jews.

"And Pilate, when he had called together the chief priests and the rulers and the people, Said unto them, Ye have brought this man unto me, as one that perverteth the people: and, behold, I, having examined him before you, have found no fault in this man touching those things whereof ye accuse him: No, nor yet Herod: for I sent you to him; and, lo, nothing worthy of death is done unto him. I will therefore chastise him, and release him."[95]

The proposal to scourge the prisoner was the second of those criminal and cowardly subterfuges through which Pilate sought at once to satisfy his conscience and the demands of the mob. The chastis.e.m.e.nt was to be a sop to the rage of the rabble, a sort of salve to the wounded pride of the priests who were disappointed that no sentence of death had been imposed. The release was intended as a tribute to justice, as a soothing balm and an atoning sacrifice to his own outraged sense of justice. The injustice of this monstrous proposal was not merely contemptible, it was execrable. If Jesus was guilty, He should have been punished; if innocent, he should have been set free and protected from the a.s.saults of the Jews.

The offer of scourging first and then the release of the prisoner was indignantly rejected by the rabble. In his desperation, Pilate thought of another loophole of escape.

The Evangelists tell us that it was a custom upon Pa.s.sover day to release to the people any single prisoner that they desired. St. Luke a.s.serts that the governor was under an obligation to do so.[96] Whether this custom was of Roman or Hebrew origin is not certainly known. Many New Testament interpreters have seen in the custom a symbol of the liberty and deliverance realized by Israel in its pa.s.sage from Egypt at the time of the first great Pa.s.sover. Others have traced this custom to the Roman practice of releasing a slave at the Lectisternia, or banquets to the G.o.ds.[97] Aside from its origin, it is interesting as an ill.u.s.tration of a universal principle in enlightened jurisprudence of lodging somewhere, usually with the chief executive of a race or nation, a power of pardon which serves as an extinction of the penal sanction. This merciful principle is a pathetic acknowledgment of the weakness and imperfection of all human schemes of justice.

Pilate resolved to escape from his confusion and embarra.s.sment by delivering Jesus to the people, who happened to appear in great numbers at the very moment when Christ returned from Herod. The mult.i.tude had come to demand the usual Pa.s.sover deliverance of a prisoner. The arrival of the crowd of disinterested strangers was inopportune for the priests and elders who were clamoring for the life of the prisoner in their midst. They marked with keen discernment the resolution of the governor to release Jesus. They were equal to the emergency, and began to whisper among the crowd that Barabbas should be asked.

"And they had then a notable prisoner, called Barabbas. Therefore when they were gathered together, Pilate said unto them, Whom will ye that I release unto you? Barabbas, or Jesus which is called Christ? For he knew that for envy they had delivered him."[98]

Pilate believed that the newly arrived mult.i.tude would be free from the envy of the priests, and that they would be satisfied with Jesus whom they had, a few days before, welcomed into Jerusalem with shouts of joy.

When they demanded Barabbas, he still believed that if he offered them the alternative choice of a robber and a prophet, they would choose the latter.

"But the chief priests and elders persuaded the mult.i.tude that they should ask Barabbas, and destroy Jesus. The governor answered and said unto them, Whether of the twain will ye that I release unto you? They said, Barabbas. Pilate saith unto them, What shall I do then with Jesus which is called the Christ? They all say unto him, Let him be crucified."[99]

"Barabbas, or Jesus which is called the Christ?" Such was the alternative offered by a Roman governor to a Jewish mob. Barabbas was a murderer and a robber. Jesus was the sinless Son of G.o.d. An erring race wandering in the darkness of sin and perpetually tasting the bitterness of life beneath the sun, preferred a criminal to a prophet. And to the ghastliness of the choice was added a touch of the irony of fate. The names of both the prisoners were in signification the same. Barabbas was also called Jesus. And Jesus Barabbas meant Jesus the Son of the Father.

This frightful coincidence was so repugnant to the Gospel writers that they are generally silent upon it. In this connection, Strauss remarks: "According to one reading, the man's complete name was [Greek: hiesous barabbas], which fact is noted only because Olshausen considers it noteworthy. Barabbas signifies 'son of the father,' and consequently Olshausen exclaims: 'All that was essential to the Redeemer appears ridiculous in the a.s.sa.s.sin!' and he deems applicable the verse: '_Ludit in humanis divina potentia rebus._' We can see nothing in Olshausen's remark but a _ludus humanae impotentiae_."[100]

Amidst the tumult provoked by the angry pa.s.sions of the mob, a messenger arrived from his wife bearing news that filled the soul of Pilate with superst.i.tious dread. Claudia had had a dream of strange and ill-boding character.

"When he was set down on the judgment seat, his wife sent unto him, saying, Have thou nothing to do with that just man: For I have suffered many things this day in a dream because of him."[101]

This dream of Pilate's wife is nothing strange. Profane history mentions many similar ones. Calpurnia, Caesar's wife, forewarned him in a dream not to go to the senate house; and the greatest of the Romans fell beneath the daggers of Casca and Brutus, because he failed to heed the admonition of his wife.

In the apocryphal report of Pilate to the emperor Tiberius of the facts of the crucifixion, the words of warning sent by Claudia are given: "Beware said she to me, beware and touch not that man, for he is holy.

Last night I saw him in a vision. He was walking on the waters. He was flying on the wings of the winds. He spoke to the tempest and to the fishes of the lake; all were obedient to him. Behold! the torrent in Mount Kedron flows with blood, the statues of Caesar are filled with the filth of Gemoniae, the columns of the Interium have given away and the sun is veiled in mourning like a vestal in the tomb. O, Pilate, evil awaits thee if thou wilt not listen to the prayer of thy wife. Dread the curse of the Roman Senate, dread the powers of Caesar."

This n.o.ble and lofty language, this tender and pathetic speech, may appear strange to those who remember the hereditary stigma of the woman.

If this dream was sent from heaven, the recollection is forced upon us that the medium of its communication was the illegitimate child of a lewd woman. But then her character was probably not worse than that of Mary Magdalene, who was very dear to the Master and has been canonized not only by the church, but by the reverence of the world.

It is certain, however, that the dream of Claudia had no determining effect upon the conduct of Pilate. Resolution and irresolution alternately controlled him. Fear and superst.i.tion were uppermost in both mind and heart. The Jews beheld with anxious and discerning glance the manifestation of the deep anguish of his soul. They feared that the governor was about to p.r.o.nounce a final judgment of acquittal.

Exhibiting fierce faces and frenzied feelings, they moved closer to him and exclaimed: "We have a law, and by our law he ought to die, because he made himself the Son of G.o.d."[102]