Read Ebook: The Trial of Jesus from a Lawyer's Standpoint Vol. 2 (of 2) The Roman Trial by Chandler Walter M Walter Marion

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"We have no king but Caesar."

And on the kingly idea of loyalty to Roman sovereignty they framed their last menace and accusation. From the quiver of their wrath they drew the last arrow of spite and hate, and fired it straight at the heart of Jesus through the hands of Pilate:

"If thou let this man go, thou art not Caesar's friend: whosoever maketh himself a king speaketh against Caesar."

Pilate finally resolved to do their bidding and obey their will. But he seems to have secretly cherished the hope that scourging, which was the usual preliminary to crucifixion, might be made to satisfy the mob. But this hope was soon dispelled; and he found himself compelled to yield completely to their wishes by delivering the prisoner to be crucified. Before this final step, however, which was an insult to the true courage of the soul and an outrage upon all the charities of the heart, he resolved to apply a soothing salve to wounded conscience. He resolved to perform a ceremonial cleansing act. Calling for a basin of water, he washed his hands before the multitude, saying: "I am innocent of the blood of this just person: see ye to it."

This was a simple, impressive, theatrical act; but little, mean, contemptible, cowardly. He washed his hands when he should have used them. He should have used them as Brutus or Gracchus or Pompeius Magnus would have done, in pointing his legion to the field of duty and of glory. He should have used them as Bonaparte did when he put down the mob in the streets of Paris. But he was too craven and cowardly; and herein is to be found the true meaning of the character and conduct of Pilate. He believed that Jesus was innocent; and that the accusations against Him were inspired by the envy of His countrymen. He had declared to the Jews in an emphatic verdict of acquittal that he found in Him no fault at all. And yet this very sentence, "I find in him no fault at all," was the beginning of that course of cowardly and criminal vacillation which finally sent Jesus to the cross. "Yet was this utterance," says Innes, "as it turned out, only the first step in that downward course of weakness the world knows so well: a course which, beginning with indecision and complaisance, passed through all the phases of alternate bluster and subserviency; persuasion, evasion, protest, and compromise; superstitious dread, conscientious reluctance, cautious duplicity, and sheer moral cowardice at last; until this Roman remains photographed forever as the perfect feature of the unjust judge, deciding 'against his better knowledge, not deceived.'"

"Then released he Barabbas unto them: and when he had scourged Jesus, he delivered him to be crucified. Then the soldiers of the governor took Jesus into the common hall, and gathered unto him the whole band of soldiers. And they stripped him, and put on him a scarlet robe. And when they had platted a crown of thorns, they put it upon his head, and a reed in his right hand: And they bowed the knee before him, and mocked him, saying, Hail, King of the Jews! And they spit upon him, and took the reed, and smote him on the head. And after that they had mocked him, they took the robe off from him, and put his own raiment on him, and led him away to crucify him."

Thus ended the most memorable act of injustice recorded in history. At every stage of the trial, whether before Caiaphas or Pilate, the prisoner conducted Himself with that commanding dignity and majesty so well worthy of His origin, mission, and destiny. His sublime deportment at times caused His judges to marvel greatly. And through it all, He stood alone. His friends and followers had deserted Him in His hour of greatest need. Single-handed and unaided, the Galilean peasant had bared His breast and brow to the combined authority, to the insults and outrages, of both Jerusalem and Rome. "Not a single discordant voice was raised amidst the tumultuous clamour: not a word of protest disturbed the mighty concord of anger and reviling; not the faintest echo of the late hosannas, which had wrung with wonder, fervour, and devotion, and which had surrounded and exalted to the highest pitch of triumph the bearer of good tidings on his entry into the Holy City. Where were the throngs of the hopeful and believing, who had followed His beckoning as a finger pointing toward the breaking dawn of truth and regeneration? Where were they, what thinking and why silent? The bands at the humble and poor, of the afflicted and outcast who had entrusted to His controlling grace the salvation of soul and body--where were they, what thinking and why silent? The troops of women and youths, who had drawn fresh strength from the spell of a glance or a word from the Father of all that liveth--where were they, what thinking and why silent? And the multitudes of disciples and enthusiasts who had scattered sweet-scented boughs and joyous utterances along the road to Sion, blessing Him that came in the name of the Lord--where were they, what thinking and why silent? Not a remembrance, not a sign, not a word of the great glory so lately His. Jesus was alone."

LEGAL ANALYSIS AND SUMMARY OF THE ROMAN TRIAL OF JESUS

In the preceding pages of this volume we have considered the elements of both Law and Fact as related to the Roman trial of Jesus. Involved in this consideration were the powers and duties of Pilate as procurator of Judea and as presiding judge at the trial; general principles of Roman provincial administration at the time of Christ; the legal and political status of the subject Jew in his relationship to the conquering Roman; the exact requirements of criminal procedure in Roman capital trials at Rome and in the provinces at the date of the crucifixion; the Roman law applicable to the trial of Jesus; and the facts of said trial before Pilate and Herod.

We are now in a position to analyze the case from the view point of the juristic agreement or nonagreement of Law and Fact; and to determine by a process of judicial dissection and re-formation, the presence or absence of essential legal elements in the proceedings. We have learned what should have been done by Pilate acting as a Roman judge in a criminal matter involving the life of a prisoner. We have also ascertained what he actually did. We are thus enabled to compare the requirements with the actualities of the case; and to ascertain the resemblances in the proceedings against Jesus to a legally conducted trial under Roman law.

But, in making this summary and analysis, a most important consideration must be constantly held in mind: that, in matters of review on appeal, errors will not be presumed; that is, errors will not be considered that do not appear affirmatively upon the record. The law will rather presume and the court will assume that what should have been done, was done. In conformity with this principle, the presumption must be indulged that Pilate acted in strict obedience to the requirements of Roman law in trying Jesus, unless the Gospels of the New Testament, which constitute the record in the case, either affirmatively or by reasonable inference, disclose the absence of such obedience. A failure to note this presumption and to keep this principle in mind, has caused many writers upon this subject to make erroneous statements concerning the merits and legal aspects of the trial of Christ.

Laymen frequently assert the essential principle of this presumption without seeming to be aware of it. Both Keim and Geikie declare that assessors or assistants were associated with Pilate in the trial of Jesus. The Gospel records nowhere even intimate such a thing; and no other original records are in existence to furnish such information. And yet one of the most celebrated of the biblical critics, Dr. Theodor Keim, writing on the trial of Christ by Pilate, says: "Beside him, upon benches, were the council or the assessors of the court, sub-officials, friends, Roman citizens, whose presence could not be dispensed with, and who were not wanting to the procurators of Judea, although our reports do not mention them." To the same effect, Dr. Cunningham Geikie thus writes: "The assessors of the court--Roman citizens--who acted as nominal members of the judicial bench, sit beside Pilate--for Roman law required their presence."

These statements of the renowned writers just quoted are justified not only on the ground of logical historical inference, but also on the principle of actual legal presumption. The closest scrutiny of the New Testament narratives nowhere discovers even an intimation that a bench of judges helped Pilate to conduct the trial of Jesus. And yet, as Geikie says, "Roman law required their presence," and the legal presumption is that they were in and about the Praetorium ready to lend assistance, and that they actually took part in the proceedings. This inference is strengthened by the fact that Pilate, after he had learned the nature of the accusation against Jesus, called Him into the palace to examine Him. Why did Pilate do this? Why did he not examine the prisoner in the presence of His accusers in the open air? Geikie tells us that there was a judgment hall in the palace in which trials were usually conducted. Is it not possible, nay probable, that the assessors and Pilate were assembled at an early hour in this hall to hear the usual criminal charges of the day, or, perhaps, to try the accusation against Jesus, of whose appearance before them they had been previously notified; and that, when the governor heard that the religious scruples of the Jews would not permit them to enter the judgment hall during the Passover feast, he went out alone to hear the accusation against the prisoner; and that he then returned with the accused into the hall where the bench of judges were awaiting him, to lay before them the charges and to further examine the case? It is admitted that this theory and the statement of Geikie that there was a hall in the palace where trials were generally held, are seemingly refuted by the fact that Roman trials were almost always conducted in the open air. But this was not invariably true; and the case of Pilate and his court might have been an exception.

It has been sought to lay particular stress upon the doctrine of legal presumption that what should have been done, was done, unless the record affirmatively negatives the fact, because it is impossible to appreciate fully the legal aspects of the trial of Jesus, unless this doctrine is understood and kept constantly in view.

A casual perusal of the New Testament narratives leaves the impression upon the mind of the reader that the proceedings against Jesus before Pilate were exceedingly irregular and lacking in all the essential elements of a regular trial. As a matter of fact, this impression may be grounded in absolute truth. It may be that the action of Pilate was arbitrary and devoid of all legal forms. This possibility is strengthened by the consideration that Jesus was not a Roman citizen and could not, therefore, demand the strict observance of forms of law in His trial. A Jewish provincial, when accused of crime, stood before a Roman governor with no other rights than the plea of justice as a defense against the summary exercise of absolute power. In other words, in the case of Jesus, Pilate was not bound to observe strictly rules of criminal procedure prescribed by Roman law. He could, if he saw fit, dispense with forms of law and dispose of the case either equitably or as his whims suggested. Nor was there a right of appeal in such a case, from the judgment of the procurator to the emperor at Rome. The decision of the governor against a provincial was final. The case of Paul before Felix and before Festus was entirely different. Paul was a Roman citizen and, as such, was entitled to all the rights involved in Roman citizenship, which included the privilege of an appeal to Caesar against the judgment of a provincial officer; and he actually exercised this right. It was incumbent, therefore, upon Roman officials to observe due forms of law in proceeding against him. And St. Luke, in Acts xxiv., indicates the almost exact precision and formality of a Roman trial, in the case of Paul.

In forming an opinion as to the existence or non-existence of a regular trial of Jesus before Pilate, the meager details of the New Testament histories must not alone be relied upon. Nor must it be forgotten that the Gospel writers were not lawyers or court officers reporting a case to be reviewed on appeal. They were laymen writing a general account of a judicial transaction. And the omissions in their narratives are not to be considered as either discrepancies or falsehoods. They simply did not intend to tell everything about the trial of Jesus; and the fact that they do not record the successive steps of a regular trial does not mean that these steps were not observed.

It is respectfully submitted that if a modern layman should write a newspaper or book account of one of the great criminal trials of this century, with no intention of making it a strictly judicial report, this account would not reveal the presence of more essential legal elements than are disclosed by the reports of the Evangelists of the proceedings against Jesus.

The majority of writers on the subject express the opinion that the appearance of the Christ before the Roman governor was nothing more than a short hearing in which a few questions were asked and answers made; that the proceedings were exceedingly brief and informal; and that the emergencies of the case rather than forms of law guided the judgment and controlled the conduct of Pilate. As a layman, the author of these volumes would take the same view. But as a lawyer, treating the subject in a judicial manner, and bound by legal rules, regulations, and presumptions, in reviewing the merits of the case, he feels constrained to dissent from the prevalent opinion and to declare that the New Testament records, though meager in details, exhibit all the essential elements of an ordinary criminal trial, whether conducted in ancient or modern times. He further asserts that if the affirmative statements of the Evangelists that certain things were done be supplemented by the legal presumption that still other things were done because they should have been done, and because the record does not affirmatively declare that they were not done, an almost perfect judicial proceeding can be developed from the Gospel reports of the trial of Jesus before Pilate. These reports disclose the following essential elements of all ancient and modern criminal trials:

"What accusation bring ye against this man?"

"And they began to accuse him, saying, We found this fellow perverting the nation, and forbidding to give tribute to Caesar, saying that he himself is Christ a King."

"Art thou the King of the Jews?"

"Art thou a King then?"

"My kingdom is not of this world: if my kingdom were of this world then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence.... To this end was I born and for this cause came I into the world, that I should bear witness unto the truth. Everyone that is of the truth heareth my voice."

"I find in him no fault at all."

Here we have clearly presented the essential features of a criminal trial: the Indictment, the Examination of the charge, the Defense, and the Judgment of the tribunal, which, in this case, was an Acquittal.

To demonstrate that Pilate intended to conduct the proceedings against Jesus seriously and judicially, at the beginning of the trial, let us briefly review the circumstances attendant upon the successive steps just enumerated. And to this end, let us proceed in order:

When Pilate had seated himself in the ivory curule chair of the procurator of Judea, at an early hour on Friday morning, the day of the crucifixion of Jesus, a Jerusalem mob, led by the Sanhedrin, confronted him with the prisoner. His first recorded words are: "What accusation bring ye against this man?" As before suggested, this question is very keenly indicative of the presence of the judge and of the beginning of a solemn judicial proceeding. Every word rings with Roman authority and strongly suggests administrative action.

The accusing priests sought to evade this question by answering: "If he were not a malefactor, we would not have delivered him up unto thee."

If Pilate had adopted the Jewish view of the merits of the matter, that his countersign was the only thing necessary to justify the final condemnation and punishment of the prisoner; or, if he had been indifferent to the legal aspects of the case, he would simply have granted their request at once, and would have ordered the prisoner to execution. But this was not the case; for we are assured that he insisted on knowing the nature of the accusation before he would assume jurisdiction of the affair. The mere information that He was a "malefactor" did not suffice. The conduct of the Roman judge clearly indicated that accusation was a more important element of Roman criminal procedure than was inquisition. To meet the emergency, the Jews were compelled, then, to make the formal charge, that:

"We found this fellow perverting the nation, and forbidding to give tribute to Caesar, saying that he himself is Christ a King."

Here we have presented the indictment, the first step in a criminal proceeding; and it was presented not voluntarily, but because a Roman judge, acting judicially, demanded and forced its presentment.

Not content with knowing the nature of the charges against the prisoner, Pilate insisted on finding out whether they were true or not. He accordingly took Jesus inside the palace and interrogated Him. With true judicial tact, he brushed aside the first two accusations as unimportant, and came with pointed directness to the material question:

"Art thou the King of the Jews?"

This interrogation bears the impress of a judicial inquiry, touching a matter involving the question of high treason, the charge against the prisoner. It clearly indicates a legal proceeding in progress. And when Jesus made reply that seemed to indicate guilt, the practiced ear of the Roman judge caught the suggestion of a criminal confession, and he asked impatiently:

"Art thou a King then?"

This question indicates seriousness and a resolution to get at the bottom of the matter with a view to a serious judicial determination of the affair.

In reply to the question of the judge, the prisoner answered:

"My kingdom is not of this world."

This language indicates that Jesus was conscious of the solemnity of the proceedings; and that He recognized the right of Pilate to interrogate Him judicially. His answer seemed to say: "I recognize your authority in matters of this life and this world. If my claims to kingship were temporal, I fully appreciate that they would be treasonable; and that, as the representative of Caesar, you would be justified in delivering me to death. But my pretensions to royalty are spiritual, and this places the matter beyond your reach."

The defense of Jesus was in the nature of what we call in modern pleading a Confession and Avoidance: "A plea which admits, in words or in effect, the truth of the matter contained in the Declaration; and alleges some new matter to avoid the effect of it, and shows that the plaintiff is, notwithstanding, not entitled to his action."

It may be analyzed thus:

Confession: Inside the palace, Pilate asked Jesus the question: "Art thou the King of the Jews?" According to St. Matthew, Jesus answered: "Thou sayest"; according to St. Mark: "Thou sayest it"; according to St. Luke: "Thou sayest it"; according to St. John: "Thou sayest that I am a king."

All these replies are identical in signification, and mean: Thou sayest it, because I am really a king. In other words, He simply confessed that He was a king. Then came His real defense.

Avoidance: "My kingdom is not of this world: if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence.... To this end was I born and for this cause came I into the world, that I should bear witness of the truth. Everyone that is of the truth heareth my voice."

It is more than probable that Pilate's heathen soul mocked the heavenly claims of the lowly prisoner in his presence, but his keenly discerning Roman intellect marked at once the distinction between an earthly and a heavenly kingdom. He saw clearly that their boundaries nowhere conflicted, and that treasonable contact was impossible. He judged that Jesus was simply a gentle enthusiast whose pretensions were harmless. Accordingly, he went out to the mob and pronounced a verdict of "not guilty." Solemnly raising his hand, he proclaimed the sentence of acquittal:

"I find in him no fault at all."

More than any other feature of the case, the verdict of acquittal, "I find in him no fault at all," indicates the regularity and solemnity of a judicial proceeding. Standing alone, it would indicate the close of a regular trial in which a court having jurisdiction had sat in judgment upon the life or liberty of an alleged criminal.

The second and final appearance of Jesus before Pilate bears little resemblance to a regular trial. The characteristic elements of an ordinary Roman criminal proceeding are almost wholly wanting. The pusillanimous cowardice of the procurator and the blind fury of the mob are the chief component parts. A sort of wild phantasmagoria sweeps through the multitude and circles round the tribunal of the governor. Pilate struggles with his conscience, and seeks safety in subterfuge. He begins by declaring to the assembled priests and elders that neither he nor Herod has found any fault in the man; and then, as a means of compromise and conciliation, makes the monstrous proposal that he will first scourge and then release the prisoner. This infamous proposal is rejected by the mob. The cowardly procurator then adopts another mean expedient as a way of escape. He offers to deliver Jesus to them as a Passover gift. Him they refuse and Barabbas, the robber, is demanded. Pilate's terror is intensified by superstitious dread, when the mob begins to cry: "He made himself the Son of God!" From out the anguish of his soul, the voice of Justice sends to his quivering lips the thrice-repeated question: "Why, what evil hath he done?" The mob continues to cry: "Crucify him! Crucify him!"

And as a final assault upon his conscience and his courage, the hypocritical priests warn him that he must not release a pretender to kingship, for such a man is an enemy to Caesar. The doom of the Nazarene is sealed by this last maneuver of the rabble. Then, as a propitiation to the great God of truth and justice, and as balm to his hurt and wounded conscience, he washes his hands in front of them and exclaims: "I am innocent of the blood of this just person: see ye to it."

The crucifixion followed Pilate's final determination; and thus ended the most famous trial in the history of the world. It began with the arrest of Jesus in Gethsemane at midnight, and ended with His crucifixion on Golgotha on the afternoon of the same day. As we have seen, it was a double trial, conducted within the jurisdictions of the two most famous systems of jurisprudence known to mankind. In both trials, substantially the right issue was raised. Before the Sanhedrin, the prisoner was charged with blasphemy and convicted. Regarding Jesus as a mere man, a plain Jewish citizen, this judgment was "substantially right in point of law", but was unjust and outrageous because forms of criminal procedure which every Jewish prisoner was entitled to have observed, were completely ignored.

The proceedings before Pilate, we have reason to believe, were conducted, in a general way, with due regard to forms of law. But the result was judicial murder, because the judge, after having acquitted Jesus, delivered Him to be crucified. "I find in him no fault at all" was the verdict of Pilate. But this just and righteous sentence was destroyed and obliterated by the following: "And they were instant with loud voices, requiring that he might be crucified. And the voices of them and of the chief priests prevailed. And Pilate gave sentence that it should be as they required."

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