Having decided that there were two trials, we are now ready to consider
the questions: Were the two trials separate and independent? If not, was
the second trial a mere review of the first, or was the first a mere
preliminary to the second? No more difficult questions are suggested by
the trial of Jesus. It is, in fact, impossible to answer them with
certainty and satisfaction.
A possible solution is to be found in the nature of the charge
preferred against Jesus. It is reasonable to suppose that in the
conflict of jurisdiction between Jewish and Roman authority the
character of the crime would be a determining factor. In the case of
ordinary offenses it is probable that neither Jews nor Romans were
particular about the question of jurisdiction. It is more than probable
that the Roman governor would assert his right to try the case _de
novo_, where the offense charged either directly or remotely involved
the safety and sovereignty of the Roman state. It is entirely reasonable
to suppose that the Jews would insist on a final determination by
themselves of the merits of all offenses of a religious nature; and that
they would insist that the Roman governor should limit his action to a
mere countersign of their decree. It is believed that ordinarily these
principles would apply. But the trial of Jesus presents a peculiar
feature which makes the case entirely exceptional. And this peculiarity,
it is felt, contains a correct answer to the questions asked above.
Jesus was tried before the Sanhedrin on the charge of blasphemy. This
was a religious offense of the most serious nature. But when the Christ
was led before Pilate, this charge was abandoned and that of high
treason against Rome was substituted. Now, it is certain that a Roman
governor would not have allowed a Jewish tribunal to try an offense
involving high treason against Cæsar. This was a matter exclusively
under his control. It is thus certain that Pilate did not merely review
a sentence which had been passed by the Sanhedrin after a regular trial,
but that he tried _ab initio_ a charge that had not been presented
before the Jewish tribunal at the night session in the palace of
Caiaphas.
It will thus be seen that there were two trials of Jesus; that these
trials were separate and independent as far as the charges, judges, and
jurisdictions were concerned; and that the only common elements were the
persons of the accusers and the accused.
CHAPTER III
POWERS AND DUTIES OF PILATE
What were the powers and duties of Pilate as procurator of Judea? What
forms of criminal procedure, if any, were employed by him in conducting
the Roman trial of Jesus? This chapter will be devoted to answering
these questions.
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