_What was the law of Rome in relation to the trial of Jesus?_ The answer
to this question is referable to the main charge brought against the
Master before Pilate. A single verse in St. Luke contains the
indictment: "And they began to accuse him, saying, We found this fellow
perverting the nation, and forbidding to give tribute to Cæsar, saying
that he himself is Christ a King." Three distinct elements are wrapped
up in this general accusation; but they are all interwoven with and
culminate in the great charge that Jesus claimed to be "Christ a King."
Of this accusation alone, Pilate took cognizance. And there is no
mistake as to its nature and meaning. It was High Treason against
Cæsar--the most awful crime known to Roman law. This was the charge
brought by the priests of the Sanhedrin against the Nazarene. What then
was the law of Rome in relation to the crime of high treason? The older
Roman law, _crimen perduellionis_, applied chiefly to offenses committed
in the military service. Deserters from the army were regarded as
traitors and punished as public enemies either by death or
interdiction of fire and water. Later Roman law broadened the definition
of treason until it comprehended any offense against the Roman
Commonwealth that affected the dignity and security of the Roman people.
Ulpian, defining treason, says: "_Majestatis crimen illud est quod
adversus populum Romanum vel adversus securitatem ejus committitur._"[41]
Cicero very admirably describes the same crime as: "_Majestatem minuere
est de dignitate aut amplitudine aut potestate populi aut eorum quibus
populus potestatem dedit aliquid derogare._"[42] The substance of both
these definitions is this: Treason is an insult to the dignity or an
attack upon the sovereignty and security of the Roman State. From time
to time, various laws were passed to define this crime and to provide
penalties for its commission. Chief among these were the _lex Julia
Majestatis_, 48 B.C. Other laws of an earlier date were the _lex
Cornelia_, 81 B.C.; _lex Varia_, 92 B.C.; and the _lex Appuleia_, 100
B.C. The _lex Julia_ was in existence at the time of Christ, and was the
basis of the Roman law of treason until the closing years of the empire.
One of its provisions was that every accusation of treason against a
Roman citizen should be made by a written libel. But it is not probable
that provincials were entitled to the benefit of this provision; and it
was not therefore an infraction of the law that the priests and Pilate
failed to present a written charge against Jesus.
[Illustration: TIBERIUS CÆSAR (ANTIQUE SCULPTURE)]
Public-domain text, read in full here on John Shaqi.
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