provincials by the enjoyment of their own laws and religions. To such an
extent was this policy carried by the Romans that it is asserted by the
best historians that there was little real difference in practice
between the rights exercised by free and those enjoyed by subject
states. On this point, Mommsen says: "In regard to the extent of
application, the jurisdiction of the native courts and judicatories
among subject communities can scarcely have been much more restricted
than among the federated communities; while in administration and in
civil jurisdiction we find the same principles operative as in legal
procedure and criminal laws."[1] The difference between the rights
enjoyed by subject and those exercised by free states was that the
former were subject to the whims and caprices of Rome, while the latter
were protected by a written charter. A second difference was that Roman
citizens residing within the boundaries of subject states had their own
law and their own judicatories. The general result was that the citizens
of subject states were left free to govern themselves subject to the two
great obligations of taxation and military service. The Roman
authorities, however, could and did interfere in legislation and in
administration whenever Roman interests required.
Now, in the light of the facts and principles just stated, what was the
exact political status of the Jews at the time of Christ? Judea was a
subject state. Did the general laws of Roman provincial administration
apply to this province? Or were peculiar rights and privileges granted
to the strange people who inhabited it? A great German writer answers in
the affirmative. Geib says: "Only one province ... namely Judea, at
least in the earlier days of the empire, formed an exception to all the
arrangements hitherto described. Whereas in the other provinces the
whole criminal jurisdiction was in the hands of the governor, and only
in the most important cases had the supreme imperial courts to
decide--just as in the least important matters the municipal courts
did--the principle that applied in Judea was that at least in regard to
questions of religious offenses the high priest with the Sanhedrin could
pronounce even death sentences, for the carrying out of which, however,
the confirmation of the procurator was required."
Public-domain text, read in full here on John Shaqi.
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