It is historically true that Pilate exercised, as procurator of Judea,
the unlimited jurisdiction of the military _imperium_; and that this
_imperium_ made him virtually an "_imperator_, a king in his own
domain." It is also historically true that the inhabitants of the purely
subject states of a province, who were not themselves Roman citizens,
when accused of crime, stood before a Roman governor with no protection
except the plea of justice against the summary exercise of absolute
power. In other words, in the employment of the unlimited jurisdiction
of the military _imperium_, a Roman governor, in the exercise of his
discretion, might, in the case of non-Roman citizens of a subject state,
throw all rules and forms of law to the wind, and decide the matter
arbitrarily and despotically. It may be that Pilate did this in this
case. But the best writers are agreed that this was not the policy of
the Roman governors in the administration of justice in the provinces at
the time of Christ. The lawgiving genius of Rome had then reached
maturity and approximate perfection in the organization of its criminal
tribunals. It is not probable, as before suggested, that despotism and
caprice would be systematically tolerated anywhere in the Roman world.
If the emperors at Rome were forced, out of regard for public sentiment,
to respect the constitution and the laws, it is reasonable to infer that
their personal representatives in the provinces were under the same
restraint. We feel justified then in asserting that Pilate, in the trial
of Jesus, should have applied certain laws and been governed by certain
definite rules of criminal procedure. What were these rules? A few
preliminary considerations will greatly aid the reader in arriving at an
answer to this question. It should be understood:
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