A casual perusal of the New Testament narratives leaves the impression
upon the mind of the reader that the proceedings against Jesus before
Pilate were exceedingly irregular and lacking in all the essential
elements of a regular trial. As a matter of fact, this impression may be
grounded in absolute truth. It may be that the action of Pilate was
arbitrary and devoid of all legal forms. This possibility is
strengthened by the consideration that Jesus was not a Roman citizen and
could not, therefore, demand the strict observance of forms of law in
His trial. A Jewish provincial, when accused of crime, stood before a
Roman governor with no other rights than the plea of justice as a
defense against the summary exercise of absolute power. In other words,
in the case of Jesus, Pilate was not bound to observe strictly rules of
criminal procedure prescribed by Roman law. He could, if he saw fit,
dispense with forms of law and dispose of the case either equitably or
as his whims suggested. Nor was there a right of appeal in such a case,
from the judgment of the procurator to the emperor at Rome. The decision
of the governor against a provincial was final. The case of Paul before
Felix and before Festus was entirely different. Paul was a Roman citizen
and, as such, was entitled to all the rights involved in Roman
citizenship, which included the privilege of an appeal to Cæsar against
the judgment of a provincial officer; and he actually exercised this
right.[112] It was incumbent, therefore, upon Roman officials to observe
due forms of law in proceeding against him. And St. Luke, in Acts xxiv.,
indicates the almost exact precision and formality of a Roman trial, in
the case of Paul.
But the fact that Jesus was not a Roman citizen does not prove that due
forms of law were not observed in His trial. It is hardly probable, as
before observed, that despotism and caprice were tolerated at any time,
in any part of the Roman world. And, besides, Roman history and
jurisprudence are replete with illustrations of complete legal
protection extended by Roman officials to the non-Roman citizens of
subject states. It is, moreover, a legitimate and almost inevitable
inference, drawn from the very nature of the Roman constitution and from
the peculiar character of Roman judicial administration, that no human
life belonging to a citizen or subject of Rome would be permitted to be
taken without due process of law, either imperial or local.
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