(1) That Pilate was empowered to apply either Roman law or the local law
in the trial of any case where the crime was an offense against both the
province and the empire, as in the crime of murder; but that in the case
of treason with which Jesus was charged he would apply the law of Rome
under forms of Roman procedure. It has been denied that Pilate had a
right to apply Jewish law in the government of his province; but this
denial is contrary to authority. Innes says: "The Roman governor
sanctioned, or even himself administered, the old law of the region."[9]
Schürer says: "It may be assumed that the administration of the civil
law was wholly in the hands of the Sanhedrin and native or local
magistrates: Jewish courts decided according to Jewish law. But even in
the criminal law this was almost invariably the case, only with this
exception, that death sentences required to be confirmed by the Roman
procurator. In such cases, the procurator decided, if he pleased,
according to Jewish law."[10] Greenidge says: "Even the first clause of
the Sicilian _lex_, if it contained no reference to jurisdiction by the
local magistrate, left the interpretation of the _native law_ wholly to
Roman _proprætors_."[11] It is thus clearly evident that Roman
procurators might apply either Roman or local laws in ordinary cases.
(2) That Roman governors were empowered to apply the adjective law of
Rome to the substantive law of the province. In support of this
contention, Greenidge says: "The edict of the _proprætor_ or
pro-consul, ... clearly could not express the native law of each
particular state under its jurisdiction; but its generality and its
expansiveness admitted, as we shall see, of an application of Roman
forms to the substantive law of any particular city."[12]
(3) That the criminal procedure employed by Pilate in the trial of Jesus
should have been the criminal procedure of a capital case tried at Rome,
during the reign of Tiberius Cæsar. This fact is very evident from the
authorities. The trial of capital cases at Rome furnished models for
similar trials in the provinces. In the exercise of the unlimited
jurisdiction of the military _imperium_, Roman governors might disregard
these models. But, ordinarily, custom compelled them to follow the
criminal precedents of the Capital of the empire. The following
authorities support this contention.
Rosadi says: "It is also certain that in the provinces the same order
was observed in criminal cases as was observed in cases tried at
Rome."[13] This eminent Italian writer cites, in proof of this
statement, Pothier, Pandect. XLVIII. 2, n. 28.
Greenidge says: "Yet, in spite of this absence of legal checks, the
criminal procedure of the provinces was, in the protection of the
citizen as in other respects, closely modelled on that of Rome."[14]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account