II. The Trial before Pilate: 18:28-19:16.

Had the Romans, in making Judea a province of the empire, taken away from the Jews the right of capital punishment? Our narrative affirms this positively by putting in the mouths of the latter the words (John 18:31): “ It is not permitted us to put any one to death. ” To this have been objected the execution of Stephen, Acts 7:57 ff., and the permission which Titus had granted the Jews to put foreigners, even Romans, to death who had invaded the inclosure of the temple court (Josephus, Antiq. 6.2, 4). But the first event was an extra-legal act of popular fury, and the permission given by Titus is quite an exceptional case. According to the Talmud, as according to John, the right of inflicting capital punishment belonged no longer to the Sanhedrim. And it was precisely at the time of the judgment of Jesus that this change took place, “forty years before the destruction of the temple.” Probably, in the time which followed the annexation, the governors desired to use moderation towards the conquered people. But the despotic Pilate had reduced the Jews to the common law of the provinces. This was the reason which obliged the rulers to bring Jesus before this governor in order to obtain from him the confirmation and execution of the sentence which they had just pronounced.

Pilate was from the year 26 procurator of Judea, under the order of the proconsul of Syria. He was deposed in 36 by Vitellius and sent to Rome, to be judged there for all the wrongs which he had committed. According to “Greek historians” (Euseb. John 2:7), he was put to death under Caligula.

Such were the reasons which made the Jews hold a third session that of the morning, which took place very early, no longer in the high-priest's house, but in the vicinity of the temple, either in the famous hall paved with mosaic (lischkath haggazith), situated in the interior court at the south of the temple, or in the synagogue Beth midrasch, between the court of the women and the outer court (see Keim, III. p. 351). This is confirmed by Matthew (Matthew 27:1), Mark (Mark 16:1), and especially Luke (Luke 22:66 ff.) The last mentioned has preserved for us the most complete account of this session, perhaps mingling in it some particulars borrowed from the great session in the night, which he passes over in silence. In any case, the examination and the judgment of Jesus must have been repeated a second time, though summarily, and confirmed in this morning session, which was the only legal and plenary one (πάντες, all, Matt.). We must observe the expression of Matthew, ώστε θανατῶσαι αὐτόν, to put him to death, which indicates the seeking for ways and means to succeed in obtaining from Pilate the execution of the sentence, as well as the expression of Luke: “ They led him into their assembly,” Luke 22:66, which can only refer to the passage from the house of Caiaphas (Luke 22:54) to one of the two meeting-halls near the temple, of which we have just spoken.

The Jews ask Pilate to confirm their sentence without an examination (John 18:30). The latter refuses; this is the first phase of the negotiations: John 18:28-32. Then they set forth a political accusation: He made Himself a king. Pilate judges this accusation unfounded; then he makes two ineffectual attempts to deliver Jesus with the support of the people; this is the second phase: John 18:33 to John 19:6. The Jews then bring forward a religious charge: He made Himself Son of God. On hearing this accusation Pilate endeavors still more to deliver Jesus; this is the third phase: John 19:7-12 a. At this moment, the Jews, seeing their prey ready to escape them, put aside all shame, and employ the odious expedient of personal intimidation to make the judge's conscience yield. On this path they suffer themselves to be carried away even to the point of the denial of their dearest hope that of the Messiah; they declare themselves vassals of Caesar; this is the fourth phase: John 19:12-16.

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