In the government of the purely subject states of a province, the
procurator exercised the unlimited jurisdiction of the military
_imperium_. No law abridged the single and sovereign exercise of his
will. Custom, however, having in fact the force of law, prescribed that
he should summon to his aid a council of advisers. This advisory body
was composed of two elements: (1) Roman citizens resident in this
particular locality where the governor was holding court; and (2)
members of his personal staff known as the Prætorian Cohort. The
governor, in his conduct of judicial proceedings, might solicit the
opinions of the members of his council. He might require them to vote
upon the question at issue; and might, if he pleased, abide by the
decision of the majority. But no rule of law required him to do it; it
was merely a concession and a courtesy; it was not a legal duty.
Again, when it is said that the procurator exercised the "unlimited
jurisdiction of the military _imperium_," we must interpret this,
paradoxical though it may seem, in a restricted sense; that is, we must
recognize the existence of exceptions to the rule. It is unreasonable to
suppose that Rome, the mother of laws, ever contemplated the rule of
despotism and caprice in the administration of justice in any part of
the empire. It is true that the effect of the _imperium_, "as applied to
provincial governorship, was to make each _imperator_ a king in his own
domain"; but kings themselves have nearly always been subject to
restrictions; and the authorities are agreed that the _imperium_ of the
Roman procurator of the time of Christ was hemmed in by many
limitations. A few of these may be named.
In the first place, the rights guaranteed to subject states within the
provincial area by the law of the province (_lex provinciæ_) were the
first limitations upon his power.
Again, it is a well-known fact that Roman citizens could appeal from the
decision of the governor, in certain cases, to the emperor at Rome. Paul
exercised this right, because he was a Roman citizen.[8] Jesus could
not appeal from the judgment of Pilate, because He was not a Roman
citizen.
Again, fear of an aroused and indignant public sentiment which might
result in his removal by the emperor, exercised a salutary restraint
upon the conduct, if it did not abridge the powers of the governor.
These various considerations bring us now to the second question asked
in the beginning of this chapter: What forms of criminal procedure, if
any, were employed by Pilate in conducting the Roman trial of Jesus?
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