The foregoing analysis and summary apply only to the proceedings of the first appearance of Jesus before Pilate. It was at this time that the real Roman trial took place. All subsequent proceedings were irregular, tumultuous and absolutely illegal. The examination of Jesus by Herod cannot, strictly speaking, be called a trial. The usual explanation of the sending of the prisoner to Herod is that Pilate learned that He was a native and citizen of Galilee; and that, desiring to rid himself of an embarrassing subject, he determined to transfer the accused from the _forum apprehensionis_ to the _forum originis vel domicilii_. It has frequently been asserted that it was usual in Roman procedure to transfer a prisoner from the place of arrest to the place of his origin or residence. There seems to be no authority for this contention. It may or may not have been true as a general proposition. But it was certainly not true in the case of the transfer of Jesus to Herod. In the first place, when Pilate declared, "I find no fault in him at all," a verdict of acquittal was pronounced, and the case was ended. The proceedings had taken form of _res adjudicata_, and former jeopardy could have been pleaded in bar of further prosecution. It might be differently contended if Pilate had discovered that Jesus was from Galilee before the proceedings before him were closed. But it is clear from St. Luke, who alone records the occurrence of the sending of the prisoner to Herod, that the case was closed and the verdict of acquittal had been rendered before Pilate discovered the identity of the accused.[117] It was then too late to subject a prisoner to a second trial for the same offense.