These statements of the renowned writers just quoted are justified not
only on the ground of logical historical inference, but also on the
principle of actual legal presumption. The closest scrutiny of the New
Testament narratives nowhere discovers even an intimation that a bench
of judges helped Pilate to conduct the trial of Jesus. And yet, as
Geikie says, "Roman law required their presence," and the legal
presumption is that they were in and about the Prætorium ready to lend
assistance, and that they actually took part in the proceedings. This
inference is strengthened by the fact that Pilate, after he had learned
the nature of the accusation against Jesus, called Him into the palace
to examine Him. Why did Pilate do this? Why did he not examine the
prisoner in the presence of His accusers in the open air? Geikie tells
us that there was a judgment hall in the palace in which trials were
usually conducted.[111] Is it not possible, nay probable, that the
assessors and Pilate were assembled at an early hour in this hall to
hear the usual criminal charges of the day, or, perhaps, to try the
accusation against Jesus, of whose appearance before them they had been
previously notified; and that, when the governor heard that the
religious scruples of the Jews would not permit them to enter the
judgment hall during the Passover feast, he went out alone to hear the
accusation against the prisoner; and that he then returned with the
accused into the hall where the bench of judges were awaiting him, to
lay before them the charges and to further examine the case? It is
admitted that this theory and the statement of Geikie that there was a
hall in the palace where trials were generally held, are seemingly
refuted by the fact that Roman trials were almost always conducted in
the open air. But this was not invariably true; and the case of Pilate
and his court might have been an exception.
It has been sought to lay particular stress upon the doctrine of legal
presumption that what should have been done, was done, unless the record
affirmatively negatives the fact, because it is impossible to appreciate
fully the legal aspects of the trial of Jesus, unless this doctrine is
understood and kept constantly in view.
Public-domain text, read in full here on John Shaqi.
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