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diff --git a/40967-8.txt b/40967-8.txt deleted file mode 100644 index 0be7d91..0000000 --- a/40967-8.txt +++ /dev/null @@ -1,12170 +0,0 @@ -The Project Gutenberg EBook of The Trial of Jesus from a Lawyer's -Standpoint, Vol. II (of II), by Walter M. Chandler - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: The Trial of Jesus from a Lawyer's Standpoint, Vol. II (of II) - The Roman Trial - -Author: Walter M. Chandler - -Release Date: October 7, 2012 [EBook #40967] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF JESUS *** - - - - -Produced by Jeff G., Eleni Christofaki and the Online -Distributed Proofreading Team at http://www.pgdp.net - - - - - - - - - -Transcriber's notes - -Variable spelling has been retained. Minor punctuation inconsistencies -have been silently corrected. A list of other corrections can be found -at the end of the book. Footnotes were sequentially numbered and placed -at the end of the text. - - Mark up: _italics_ - - - - THE TRIAL OF JESUS - - - - -[Illustration: CHRIST BEFORE PILATE (MUNKACSY)] - - - - THE TRIAL OF JESUS - - FROM A LAWYER'S STANDPOINT - - BY - - WALTER M. CHANDLER - - OF THE NEW YORK BAR - - - VOLUME II - - THE ROMAN TRIAL - - - THE EMPIRE PUBLISHING CO. - - 60 WALL STREET, NEW YORK CITY - - 1908 - - - - - Copyright, 1908, by WALTER M. CHANDLER - - _All rights reserved_ - - - - -LIST OF ILLUSTRATIONS - - FACING PAGE - - CHRIST BEFORE PILATE (Munkacsy) _Frontispiece_ - - TIBERIUS CĘSAR (Antique Sculpture) 68 - - PONTIUS PILATE (Munkacsy) 81 - - CHRIST LEAVING THE PRĘTORIUM (Doré) 141 - - THE CRUCIFIXION (Munkacsy) 175 - - JUPITER (Antique Sculpture) 195 - - AVE CĘSAR! IO SATURNALIA (Alma-Tadema) 240 - - THE DYING GLADIATOR (Antique Sculpture) 260 - - READING FROM HOMER (Alma-Tadema) 270 - - - - -CONTENTS OF VOLUME TWO - - PAGE - - PREFACE TO VOLUME TWO ix - - - PART 1 - - _THE ROMAN TRIAL_ - - CHAPTER PAGE - - I. A TWOFOLD JURISDICTION 3 - - II. NUMBER OF REGULAR TRIALS 9 - - III. POWERS AND DUTIES OF PILATE 24 - - IV. MODE OF TRIAL IN ROMAN CAPITAL CASES 34 - - V. ROMAN FORMS OF PUNISHMENT 53 - - VI. ROMAN LAW APPLICABLE TO THE TRIAL OF JESUS 68 - - VII. PONTIUS PILATE 81 - - VIII. JESUS BEFORE PILATE 96 - - IX. JESUS BEFORE HEROD 119 - - X. JESUS AGAIN BEFORE PILATE 129 - - XI. LEGAL ANALYSIS AND SUMMARY OF THE ROMAN TRIAL OF JESUS 141 - - - PART II - - _GRĘCO-ROMAN PAGANISM_ - - I. THE GRĘCO-ROMAN RELIGION 198 - - II. GRĘCO-ROMAN SOCIAL LIFE 236 - - - _APPENDICES_ - - I. CHARACTERS OF THE SANHEDRISTS WHO TRIED JESUS 291 - - II. ACTS OF PILATE 327 - - BIBLIOGRAPHY 383 - - INDEX 389 - - - - -PREFACE TO VOLUME TWO - - -Sufficient was said concerning the entire work in the preface to volume -one to warrant a very brief preface to volume two. - -The reader will notice that the plan of treatment of the Roman trial of -Jesus is radically different from that employed in the Hebrew trial. -There is no Record of Fact in the second volume, for the reason that the -Record of Fact dealt with in the first volume is common to the two -trials. Again, there is no Brief of the Roman trial and no systematic -and exhaustive treatment of Roman criminal law in the second volume, -corresponding with such a treatment of the Hebrew trial, under Hebrew -criminal law, in the first volume. This is explained by the fact that -the Sanhedrin found Jesus guilty, while both Pilate and Herod found Him -not guilty. A proper consideration then of the Hebrew trial became a -matter of review on appeal, requiring a Brief, containing a complete -statement of facts, an ample exposition of law, and sufficient argument -to show the existence of error in the judgment. The nature of the -verdicts pronounced by Pilate and by Herod rendered these things -unnecessary in dealing with the Roman trial. - -In Part II of this volume, Gręco-Roman Paganism at the time of Christ -has been treated. It is evident that this part of the treatise has no -legal connection with the trial of Jesus. It was added simply to give -coloring and atmosphere to the painting of the great tragedy. It will -serve the further purpose, it is believed, of furnishing a key to the -motives of the leading actors in the drama, by describing their social, -religious, and political environments. The strictly legal features of a -great criminal trial are rarely ever altogether sufficient for a proper -understanding of even the judicial aspects of the case. The religious -faith of Pilate, the judge, is quite as important a factor in -determining the merits of the Roman trial, as is the religious belief of -Jesus, the prisoner. This contention will be fully appreciated after a -careful perusal of Chapter VI of this volume. - -Short biographical sketches of about forty members of the Great -Sanhedrin who tried Jesus have been given under Appendix I at the end of -this work. They were originally written by MM. Lémann, two of the -greatest Hebrew scholars of France, and are doubtless authoritative and -correct. These sketches will familiarize the reader with the names and -characters of a majority of the Hebrew judges of Jesus. And it may be -added that they are a very valuable addition to the general work, since -the character of the tribunal is an important consideration in the trial -of any case, civil or criminal. - -The apocryphal Acts of Pilate have been given under Appendix II. But the -author does not thereby vouch for their authenticity. They have been -added because of their very intimate connection with the trial of Jesus; -and for the further reason that, whether authentic or not, quotations -from them are to be found everywhere in literature, sacred and secular, -dealing with this subject. The mystery of their origin, the question of -their genuineness, and the final disposition that will be made of them, -render the Acts of Pilate a subject of surpassing interest to the -student of ancient documents. - - WALTER M. CHANDLER. - - NEW YORK CITY, July 1, 1908. - - - - - PART I - - _THE ROMAN TRIAL_ - - Christus, Tiberio imperitante, per procuratorem Pontium Pilatum - supplicio affectus est.--TACITUS. - - - - -CHAPTER I - -A TWOFOLD JURISDICTION - - -The Hebrew trial of Jesus having ended, the Roman trial began. The -twofold character of the proceedings against the Christ invested them -with a solemn majesty, an awful grandeur. The two mightiest -jurisdictions of the earth assumed cognizance of charges against the Man -of Galilee, the central figure of all history. "His tomb," says -Lamartine, "was the grave of the Old World and the cradle of the New," -and now upon His life before He descended into the tomb, Rome, the -mother of laws, and Jerusalem, the destroyer of prophets, sat in -judgment. - -The Sanhedrin, or Grand Council, which conducted the Hebrew trial of -Jesus was the high court of justice and the supreme tribunal of the -Jews. It numbered seventy-one members. Its powers were legislative, -executive, and judicial. It exercised all the functions of education, of -government, and of religion. It was the national parliament of the -Hebrew Theocracy, the human administrator of the divine will. It was the -most august tribunal that ever interpreted or administered religion to -man. Its judges applied the laws of the most peculiar and venerable -system of jurisprudence known to civilized mankind, and condemned upon -the charge of blasphemy against Jehovah, the most precious and -illustrious of the human race. Standing alone, the Hebrew trial of -Christ would have been the most thrilling and impressive judicial -proceeding in all history. The Mosaic Code, whose provisions form the -basis of this trial, is the foundation of the Bible, the most potent -juridical as well as spiritual agency in the universe. In all the courts -of Christendom it binds the consciences, if it does not mold the -convictions, of judge and jury in passing judgment upon the rights of -life, liberty, and property. The Bible is everywhere to be found. It is -read in the jungles of Africa, while crossing burning deserts, and -amidst Arctic snows. No ship ever puts to sea without this sacred -treasure. It is found in the cave of the hermit, in the hut of the -peasant, in the palace of the king, and in the Vatican of the pope. It -adorns the altar where bride and bridegroom meet to pledge eternal love. -It sheds its hallowing influence upon the baptismal font where infancy -is christened into religious life. Its divine precepts furnish elements -of morals and manliness in formative life to jubilant youth; cast a -radiant charm about the strength of lusty manhood; and when life's -pilgrimage is ended, offer to the dying patriarch, who clasps it to his -bosom, a sublime solace as he crosses the great divide and passes into -the twilight's purple gloom. This noble book has furnished not only the -most enduring laws and the sublimest religious truths, but inspiration -as well to the grandest intellectual triumphs. It is literally woven -into the literature of the world, and few books of modern times are -worth reading that do not reflect the sentiments of its sacred pages. -And it was the Mosaic Code, the basis of this book, that furnished the -legal guide to the Sanhedrin in the trial of the Christ. Truly it may be -said that no other trial mentioned in history would have been comparable -to this, if the proceedings had ended here. But to the Hebrew was added -Roman cognizance, and the result was a judicial transaction at once -unique and sublime. If the sacred spirit of the Hebrew law has -illuminated the conscience of the world in every age, it must not be -forgotten that "the written reason of the Roman law has been silently -and studiously transfused" into all our modern legal and political life. -The Roman judicial system is incomparable in the history of -jurisprudence. Judea gave religion, Greece gave letters, and Rome gave -laws to mankind. Thus runs the judgment of the world. A fine sense of -justice was native to the Roman mind. A spirit of domination was the -mental accompaniment of this trait. The mighty abstraction called Rome -may be easily resolved into two cardinal concrete elements: the Legion -and the Law. The legion was the unit of the military system through -which Rome conquered the world. The law was the cementing bond between -the conquered states and the sovereign city on the hills. The legion was -the guardian and protector of the physical boundaries of the Empire, -and Roman citizens felt contented and secure, as long as the -legionaries were loyal to the standards and the eagles. The presence of -barbarians at the gate created not so much consternation and despair -among the citizens of Rome, as did the news of the mutiny of the -soldiers of Germanicus on the Rhine. What the legion was to the body, -the law was to the soul of Rome--the highest expression of its sanctity -and majesty. And when her physical body that once extended from Scotland -to Judea, and from Dacia to Abyssinia was dead, in the year 476 A.D., -her soul rose triumphant in her laws and established a second Roman -Empire over the minds and consciences of men. The Corpus Juris Civilis -of Justinian is a text-book in the greatest universities of the world, -and Roman law is to-day the basis of the jurisprudence of nearly every -state of continental Europe. The Germans never submitted to Cęsar and -his legions. They were the first to resist successfully, then to attack -vigorously, and to overthrow finally the Roman Empire. And yet, until a -few years ago, Germans obeyed implicitly the edicts and decrees of Roman -prętors and tribunes. Is it any wonder, then, that the lawyers of all -modern centuries have looked back with filial love and veneration to the -mighty jurisconsults of the imperial republic? Is it any wonder that the -tragedy of the Prętorium and Golgotha, aside from its sacred aspects, is -the most notable event in history? Jesus was arraigned in one day, in -one city, before the sovereign courts of the universe; before the -Sanhedrin, the supreme tribunal of a divinely commissioned race; before -the court of the Roman Empire that determined the legal and political -rights of men throughout the known world. The Nazarene stood charged -with blasphemy and with treason against the enthroned monarchs -represented by these courts; blasphemy against Jehovah who, from the -lightning-lit summit of Sinai, proclaimed His laws to mankind; treason -against Cęsar, enthroned and uttering his will to the world amidst the -pomp and splendor of Rome. History records no other instance of a trial -conducted before the courts of both Heaven and earth; the court of God -and the court of man; under the law of Israel and the law of Rome; -before Caiaphas and Pilate, as the representatives of these courts and -administrators of these laws. - -Approaching more closely the consideration of the nature and character -of the Roman trial, we are confronted at once by several pertinent and -interesting questions. - -In the first place, were there two distinct trials of Jesus? If so, why -were there two trials instead of one? Were the two trials separate and -independent? If not, was the second trial a mere review of the first, or -was the first a mere preliminary to the second? - -Again, what charges were brought against Jesus at the hearing before -Pilate? Were these charges the same as those preferred against Him at -the trial before the Sanhedrin? Upon what charge was He finally -condemned and crucified? - -Again, what Roman law was applicable to the charges made against Jesus -to Pilate? Did Pilate apply these laws either in letter or in spirit? - -Was there an attempt by Pilate to attain substantial justice, either -with or without the due observance of forms of law? - -Did Pilate apply Hebrew or Roman law to the charges presented to him -against the Christ? - -What forms of criminal procedure, if any, were employed by Pilate in -conducting the Roman trial of Jesus? If not legally, was Pilate -politically justified in delivering Jesus to be crucified? - -A satisfactory answer to several of these questions, in the introductory -chapters of this volume, is deemed absolutely essential to a thorough -understanding of the discussion of the trial proper which will follow. -The plan proposed is to describe first the powers and duties of Pilate -as presiding judge at the trial of Christ. And for this purpose, general -principles of Roman provincial administration will be outlined and -discussed; the legal and political status of the subject Jew in his -relationship to the conquering Roman will be considered; and the exact -requirements of criminal procedure in Roman capital trials, at the time -of Christ, will, if possible, be determined. It is believed that in the -present case it will be more logical and effective to state first what -should have been done by Pilate in the trial of Jesus, and then follow -with an account of what was actually done, than to reverse this order of -procedure. - - - - -CHAPTER II - -NUMBER OF REGULAR TRIALS - - -_Were there two regular trials of Jesus?_ In the first volume of this -work this question was reviewed at length in the introduction to the -Brief. The authorities were there cited and discussed. It was there seen -that one class of writers deny the existence of the Great Sanhedrin at -the time of Christ. These same writers declare that there could have -been no Hebrew trial of Jesus, since there was no competent Hebrew court -in existence to try Him. This class of critics assert that the so-called -Sanhedrin that met in the palace of Caiaphas was an ecclesiastical body, -acting without judicial authority; and that their proceedings were -merely preparatory to charges to be presented to Pilate, who was alone -competent to try capital cases. Those who make this contention seek to -uphold it by saying that the errors were so numerous and the proceedings -so flagrant, according to the Gospel account, that there could have been -no trial at all before the Sanhedrin; that the party of priests who -arrested and examined Jesus did not constitute a court, but rather a -vigilance committee. - -On the other hand, other writers contend that the only regular trial was -that before the Sanhedrin; and that the appearance before Pilate was -merely for the purpose of securing his confirmation of a regular -judicial sentence which had already been pronounced. Renan, the ablest -exponent of this class, says: "The course which the priests had resolved -to pursue in regard to Jesus was quite in conformity with the -established law. The plan of the enemies of Jesus was to convict Him, by -the testimony of witnesses and by His own avowals, of blasphemy and of -outrage against the Mosaic religion, to condemn Him to death according -to law, and then to get the condemnation sanctioned by Pilate." - -Still another class of writers contend that there were two distinct -trials. Innes thus tersely and forcibly states the proposition: "Whether -it was legitimate or not for the Jews to condemn for a capital crime, on -this occasion they did so. Whether it was legitimate or not for Pilate -to try over again an accused whom they had condemned, on this occasion -he did so. There were certainly two trials. And the dialogue already -narrated expresses with a most admirable terseness the struggle which we -should have expected between the effort of the Jews to get a mere -countersign of their sentence, and the determination of Pilate to assume -the full judicial responsibility, whether of first instance or of -révision." This contention, it is believed, is right, and has been acted -upon in dividing the general treatise into two volumes, and in devoting -each to a separate trial of the case. - -Why were there two trials of Jesus? When the Sanhedrists had condemned -Christ to death upon the charge of blasphemy, why did they not lead Him -away to execution, and stone Him to death, as their law required? Why -did they seek the aid of Pilate and invoke the sanction of Roman -authority? The answer to these questions is to be found in the historic -relationship that existed, at the time of the crucifixion, between the -sovereign Roman Empire and the dependent province of Judea. The student -of history will remember that the legions of Pompey overran Palestine in -the year 63 B.C., and that the land of the Jews then became a subject -state. After the deposition of Archelaus, A.D. 6, Judea became a Roman -province, and was governed by procurators who were sent out from Rome. -The historian Rawlinson has described the political situation of Judea, -at the time of Christ, as "complicated and anomalous, undergoing -frequent changes, but retaining through them all certain peculiarities -which made that country unique among the dependencies of Rome. Having -passed under Roman rule with the consent and by the assistance of a -large party of its inhabitants, it was allowed to maintain for a while a -sort of semi-independence. A mixture of Roman with native power resulted -from this cause and a complication in a political status difficult to be -thoroughly understood by one not native and contemporary." - -The difficulty in determining the exact political status of the Jews at -the time of Christ has given birth to the radically different views -concerning the number and nature of the trials of Jesus. The most -learned critics are in direct antagonism on the point. More than forty -years ago Salvador and Dupin debated the question in France. The former -contended that the Sanhedrin retained complete authority after the Roman -conquest to try even capital crimes, and that sentence of death -pronounced by the supreme tribunal of the Jews required only the -countersign or approval of the Roman procurator. On the other hand, it -was argued by Dupin that the Sanhedrin had no right whatever to try -cases of a capital nature; that their whole procedure was a usurpation; -and that the only competent and legitimate trial of Christ was the one -conducted by Pilate. How difficult the problem is of solution will be -apparent when we reflect that both these disputants were able, learned, -conscientious men who, with the facts of history in front of them, -arrived at entirely different conclusions. Amidst the general confusion -and uncertainty, the reader must rely upon himself, and appeal to the -facts and philosophy of history for light and guidance. - -In seeking to ascertain the political relationship between Rome and -Judea at the time of Christ, two important considerations should be kept -in mind: (1) That there was no treaty or concordat, defining mutual -rights and obligations, existing between the two powers; Romans were the -conquerors and Jews were the conquered; the subject Jews enjoyed just so -much religious and political freedom as the conquering Romans saw fit -to grant them; (2) that it was the policy of the Roman government to -grant to subject states the greatest amount of freedom in local -self-government that was consistent with the interests and sovereignty -of the Roman people. These two considerations are fundamental and -indispensable in forming a correct notion of the general relations -between the two powers. - -The peculiar character of Judea as a fragment of the mighty Roman Empire -should also be kept clearly in mind. Roman conquest, from first to last, -resulted in three distinct types of political communities more or less -strongly bound by ties of interest to Rome. These classes were: (1) Free -states; (2) allied states; and (3) subject states. The communities of -Italy were in the main, free and allied, and were members of a great -military confederacy. The provinces beyond Italy were, in the main, -subject states and dependent upon the good will and mercy of Rome. The -free states received from Rome a charter of privileges (_lex data_) -which, however, the Roman senate might at any time revoke. The allied -cities were bound by a sworn treaty (_fędus_), a breach of which was a -cause of war. In either case, whether of charter or treaty, the grant of -privileges raised the state or people on whom it was conferred to the -level of the Italian communes and secured to its inhabitants absolute -control of their own finances, free and full possession of their land, -which exempted them from the payment of tribute, and, above all, allowed -them entire freedom in the administration of their local laws. The -subject states were ruled by Roman governors who administered the -so-called law of the province (_lex provincię_). This law was peculiar -to each province and was framed to meet all the exigencies of provincial -life. It was sometimes the work of a conquering general, assisted by a -commission of ten men appointed by the senate. At other times, its -character was determined by the decrees of the emperor and the senate, -as well as by the edicts of the prętor and procurator. In any case, the -law of the province (_lex provincię_) was the sum total of the local -provincial law which Rome saw fit to allow the people of the conquered -state to retain, with Roman decrees and regulations superadded. These -added decrees and regulations were always determined by local provincial -conditions. The Romans were no sticklers for consistency and uniformity -in provincial administration. Adaptability and expediency were the main -traits of the lawgiving and government-imposing genius of Rome. The -payment of taxes and the furnishing of auxiliary troops were the chief -exactions imposed upon conquered states. An enlightened public policy -prompted the Romans to grant to subject communities the greatest amount -of freedom consistent with Roman sovereignty. Two main reasons formed -the basis of this policy. One was the economy of time and labor, for the -Roman official staff was not large enough to successfully perform those -official duties which were usually incumbent upon the local courts. -Racial and religious differences alone would have impeded and prevented -a successful administration of local government by Roman diplomats and -officers. Another reason for Roman noninterference in local provincial -affairs was that loyalty was created and peace promoted among the -provincials by the enjoyment of their own laws and religions. To such an -extent was this policy carried by the Romans that it is asserted by the -best historians that there was little real difference in practice -between the rights exercised by free and those enjoyed by subject -states. On this point, Mommsen says: "In regard to the extent of -application, the jurisdiction of the native courts and judicatories -among subject communities can scarcely have been much more restricted -than among the federated communities; while in administration and in -civil jurisdiction we find the same principles operative as in legal -procedure and criminal laws."[1] The difference between the rights -enjoyed by subject and those exercised by free states was that the -former were subject to the whims and caprices of Rome, while the latter -were protected by a written charter. A second difference was that Roman -citizens residing within the boundaries of subject states had their own -law and their own judicatories. The general result was that the citizens -of subject states were left free to govern themselves subject to the two -great obligations of taxation and military service. The Roman -authorities, however, could and did interfere in legislation and in -administration whenever Roman interests required. - -Now, in the light of the facts and principles just stated, what was the -exact political status of the Jews at the time of Christ? Judea was a -subject state. Did the general laws of Roman provincial administration -apply to this province? Or were peculiar rights and privileges granted -to the strange people who inhabited it? A great German writer answers in -the affirmative. Geib says: "Only one province ... namely Judea, at -least in the earlier days of the empire, formed an exception to all the -arrangements hitherto described. Whereas in the other provinces the -whole criminal jurisdiction was in the hands of the governor, and only -in the most important cases had the supreme imperial courts to -decide--just as in the least important matters the municipal courts -did--the principle that applied in Judea was that at least in regard to -questions of religious offenses the high priest with the Sanhedrin could -pronounce even death sentences, for the carrying out of which, however, -the confirmation of the procurator was required." - -That Roman conquest did not blot out Jewish local self-government; and -that the Great Sanhedrin still retained judicial and administrative -power, subject to Roman authority in all matters pertaining to the local -affairs of the Jews, is thus clearly and pointedly stated by Schürer: -"As regards the area over which the jurisdiction of the supreme -Sanhedrin extended, it has been already remarked above that its _civil_ -authority was restricted, in the time of Christ, to the eleven -toparchies of Judea proper. And accordingly, for this reason, it had no -judicial authority over Jesus Christ so long as He remained in Galilee. -It was only as soon as He entered Judea that He came directly under its -jurisdiction. In a certain sense, no doubt, the Sanhedrin exercised -such jurisdiction over _every_ Jewish community in the world, and in -that sense over Galilee as well. Its orders were regarded as binding -throughout the entire domain of orthodox Judaism. It had power, for -example, to issue warrants to the congregations (synagogues) in Damascus -for the apprehension of the Christians in that quarter (Acts ix. 2; -xxii. 5; xxvi. 12). At the same time, however, the extent to which the -Jewish communities were willing to yield obedience to the orders of the -Sanhedrin always depended on how far they were favorably disposed toward -it. It was only within the limits of Judea proper that it exercised any -direct authority. There could not possibly be a more erroneous way of -defining the extent of its jurisdiction as regards the kind of causes -with which it was competent to deal than to say that it was the -_spiritual or theological_ tribunal in contradistinction to the civil -judicatories of the Romans. On the contrary, it would be more correct to -say that it formed, in contrast to the foreign authority of Rome, that -_supreme native_ court which here, as almost everywhere else, the Romans -had allowed to continue as before, only imposing certain restrictions -with regard to competency. To this tribunal then belonged all those -judicial matters and all those measures of an administrative character -which either could not be competently dealt with by the inferior or -local courts or which the Roman procurator had not specially reserved -for himself."[2] - -The closing words of the last quotation suggest an important fact which -furnishes the answer to the question asked at the beginning of this -chapter, Why were there two trials of Jesus? Schürer declares that the -Sanhedrin retained judicial and administrative power in all local -matters which the "procurator had not specially reserved for himself." -Now, it should be borne in mind that there is not now in existence and -that there probably never existed any law, treaty or decree declaring -what judicial acts the Sanhedrin was competent to perform and what acts -were reserved to the authority of the Roman governor. It is probable -that in all ordinary crimes the Jews were allowed a free hand and final -decision by the Romans. No interference took place unless Roman -interests were involved or Roman sovereignty threatened. But one fact is -well established by the great weight of authority: that the question of -sovereignty was raised whenever the question of life and death arose; -and that Rome reserved to herself, in such a case, the prerogative of -final judicial determination. Even this contention, however, has been -opposed by both ancient and modern writers of repute; and, for this -reason, it has been thought necessary to cite authorities and offer -arguments in favor of the proposition that the right of life or death, -_jus vitę aut necis_, had passed from Jewish into Roman hands at the -time of Christ. Both sacred and profane history support the affirmative -of this proposition. Regarding this matter, Schürer says: "There is a -special interest attaching to the question as to how far the -jurisdiction of the Sanhedrin was limited by the authority of the Roman -procurator. We accordingly proceed to observe that, inasmuch as the -Roman system of provincial government was not strictly carried out in -the case of Judea, as the simple fact of its being administered by means -of a procurator plainly shows, the Sanhedrin was still left in the -enjoyment of a comparatively high degree of independence. Not only did -it exercise civil jurisdiction, and that according to Jewish law (which -was only a matter of course, as otherwise a Jewish court of justice -would have been simply inconceivable), but it also enjoyed a -considerable amount of criminal jurisdiction as well. It had an -independent authority in regard to political affairs, and consequently -possessed the right of ordering arrests to be made by its own officers -(Matt. xxvi. 47; Mark xiv. 43; Acts iv. 3; v. 17, 18). It had also the -power of finally disposing, on its own authority, of such cases as did -not involve sentence of death (Acts iv. 5-23; v. 21-40). It was only in -cases in which such sentence of death was pronounced that the judgment -required to be ratified by the authority of the procurator."[3] - -The Jews contend, and, indeed, the Talmud states that "forty years -before the destruction of the temple the judgment of capital cases was -taken away from Israel." - -Again, we learn from Josephus that the Jews had lost the power to -inflict capital punishment from the day of the deposition of Archelaus, -A.D. 6, when Judea became a Roman province and was placed under the -control of Roman procurators. The great Jewish historian says: "And now -Archelaus's part of Judea was reduced into a province, and Coponius, one -of the equestrian order among the Romans, was sent as procurator, having -the power of life and death put into his hands by Cęsar."[4] - -Again, we are informed that Annas was deposed from the high priesthood -by the procurator Valerius Gratus, A.D. 14, for imposing and executing -capital sentences. One of his sons, we learn from Josephus, was also -deposed by King Agrippa for condemning James, the brother of Jesus, and -several others, to death by stoning. At the same time, Agrippa reminded -the high priest that the Sanhedrin could not lawfully assemble without -the consent of the procurator.[5] - -That the Jews had lost and that the Roman procurators possessed the -power over life and death is also clearly indicated by the New Testament -account of the trial of Jesus. One passage explicitly states that Pilate -claimed the right to impose and carry out capital sentences. Addressing -Jesus, Pilate said: "Knowest thou not that I have power to crucify thee -and have power to release thee?"[6] - -In another passage, the Jews admitted that the power of life and death -had passed away from them. Answering a question of Pilate, at the time -of the trial, they answered: "It is not lawful for us to put any man to -death."[7] - -If we keep in mind the fact stated by Geib that "the principle that -applied in Judea was that at least in regard to questions of religious -offense the high priest with the Sanhedrin could pronounce even death -sentences, for the carrying out of which, however, the confirmation of -the procurator was required," we are then in a position to answer -finally and definitely the question, Why were there two trials of Jesus? - -In the light of all the authorities cited and discussed in this chapter, -we feel justified in asserting that the Sanhedrin was competent to take -the initiative in the arrest and trial of Jesus on the charge of -blasphemy, this being a religious offense of the most awful gravity; -that this court was competent not only to try but to pass sentence of -death upon the Christ; but that its proceedings had to be retried or at -least reviewed before the sentence could be executed. Thus two trials -were necessary. The Hebrew trial was necessary, because a religious -offense was involved with which Rome refused to meddle, and of which she -refused to take cognizance in the first instance. The Roman trial was -necessary, because, instead of an acquittal which would have rendered -Roman interference unnecessary, a conviction involving the death -sentence had to be reviewed in the name of Roman sovereignty. - -Having decided that there were two trials, we are now ready to consider -the questions: Were the two trials separate and independent? If not, was -the second trial a mere review of the first, or was the first a mere -preliminary to the second? No more difficult questions are suggested by -the trial of Jesus. It is, in fact, impossible to answer them with -certainty and satisfaction. - -A possible solution is to be found in the nature of the charge -preferred against Jesus. It is reasonable to suppose that in the -conflict of jurisdiction between Jewish and Roman authority the -character of the crime would be a determining factor. In the case of -ordinary offenses it is probable that neither Jews nor Romans were -particular about the question of jurisdiction. It is more than probable -that the Roman governor would assert his right to try the case _de -novo_, where the offense charged either directly or remotely involved -the safety and sovereignty of the Roman state. It is entirely reasonable -to suppose that the Jews would insist on a final determination by -themselves of the merits of all offenses of a religious nature; and that -they would insist that the Roman governor should limit his action to a -mere countersign of their decree. It is believed that ordinarily these -principles would apply. But the trial of Jesus presents a peculiar -feature which makes the case entirely exceptional. And this peculiarity, -it is felt, contains a correct answer to the questions asked above. -Jesus was tried before the Sanhedrin on the charge of blasphemy. This -was a religious offense of the most serious nature. But when the Christ -was led before Pilate, this charge was abandoned and that of high -treason against Rome was substituted. Now, it is certain that a Roman -governor would not have allowed a Jewish tribunal to try an offense -involving high treason against Cęsar. This was a matter exclusively -under his control. It is thus certain that Pilate did not merely review -a sentence which had been passed by the Sanhedrin after a regular trial, -but that he tried _ab initio_ a charge that had not been presented -before the Jewish tribunal at the night session in the palace of -Caiaphas. - -It will thus be seen that there were two trials of Jesus; that these -trials were separate and independent as far as the charges, judges, and -jurisdictions were concerned; and that the only common elements were the -persons of the accusers and the accused. - - - - -CHAPTER III - -POWERS AND DUTIES OF PILATE - - -What were the powers and duties of Pilate as procurator of Judea? What -forms of criminal procedure, if any, were employed by him in conducting -the Roman trial of Jesus? This chapter will be devoted to answering -these questions. - -The New Testament Gospels denominate Pilate the "governor" of Judea. A -more exact designation is contained in the Latin phrase, _procurator -Cęsaris_; the procurator of Cęsar. By this is meant that Pilate was the -deputy, attorney, or personal representative of Tiberius Cęsar in the -province of Judea. The powers and duties of his office were by no means -limited to the financial functions of a Roman quęstor, a _procurator -fiscalis_. "He was a procurator _cum potestate_; a governor with civil, -criminal, and military jurisdiction; subordinated no doubt in rank to -the adjacent governor of Syria, but directly responsible to his great -master at Rome." - -A clear conception of the official character of Pilate is impossible -unless we first thoroughly understand the official character of the man -whose political substitute he was. A thorough understanding of the -official character of Tiberius Cęsar is impossible unless we first fully -comprehend the political changes wrought by the civil wars of Rome in -which Julius Cęsar defeated Cneius Pompey at the battle of Pharsalia and -made himself dictator and undisputed master of the Roman world. With the -ascendency of Cęsar the ancient republic became extinct. But liberty was -still cherished in the hearts of Romans, and the title of king was -detestable. The hardy virtues and democratic simplicity of the early -republic were still remembered; and patriots like Cicero had dreamed of -the restoration of the ancient order of things. But Roman conquest was -complete, Roman manners were corrupt, and Roman patriotism was -paralyzed. The hand of a dictator guided by a single intelligence was -the natural result of the progressive degradation of the Roman state. -The logical and inevitable outcome of the death of Cęsar and the -dissolution of the Triumvirate was the régime of Augustus, a monarchy -veiled under republican forms. Recognizing Roman horror of absolutism, -Roman love of liberty, and Roman detestation of kingly power, Augustus, -while in fact an emperor, claimed to be only a plain Roman citizen -intrusted with general powers of government. He affected to despise -public honors, disclaimed every idea of personal superiority, and -exhibited extreme simplicity of manners in public and private life. This -was the strategy of a successful politician who sought to conceal -offensive reality under the cloak of a pleasant deception. Great Cęsar -fallen at the foot of Pompey's statue was a solemn reminder to Augustus -that the dagger of the assassin was still ready to defend the memory of -freedom, after liberty was, in reality, dead. And the refusal by the -greatest of the Romans, at the feast of the Lupercal, to accept a kingly -crown when it was thrice offered him by Antony, was a model of discreet -behavior and political caution for the first and most illustrious of the -emperors. In short, Augustus dared not destroy the laws or assault the -constitution of the state. But he accomplished his object, nevertheless. -"He gathered into his own hands the whole honors and privileges, which -the state had for centuries distributed among its great magistrates and -representatives. He became perpetual Princeps Senatus, or leader of the -legislative house. He became perpetual Pontifex Maximus, or chief of the -national religion. He became perpetual Tribune, or guardian of the -people, with his person thereby made sacred and inviolable. He became -perpetual Consul, or supreme magistrate over the whole Roman world, with -the control of its revenues, the disposal of its armies, and the -execution of its laws. And lastly he became perpetual Imperator, or -military chief, to whom every legionary throughout the world took the -_sacramentum_, and whose sword swept the globe from Gibraltar to the -Indus and the Baltic. And yet in all he was a simple citizen--a mere -magistrate of the Republic. Only in this one man was now visibly -accumulated and concentrated all that for centuries had broadened and -expanded under the magnificent abstraction of Rome." The boundless -authority of Rome was thus centered in the hands of a single person. -Consuls, tribunes, prętors, proconsuls, and procurators were merely the -agents and representatives of this person. - -Tiberius Cęsar, the political master of Pontius Pilate, was the -successor of Augustus and the first inheritor of his constitution. Under -this constitution, Augustus had divided the provinces into two classes. -The centrally located and peacefully disposed were governed by -proconsuls appointed by the senate. The more distant and turbulent were -subjected by Augustus to his personal control, and were governed by -procurators who acted as his deputies or personal representatives. Judea -came in his second class, and the real governor of his province was the -emperor himself. Tiberius Cęsar was thus the real procurator of Judea at -the time of the crucifixion and Pilate was his political substitute who -did his bidding and obeyed his will. Whatever Tiberius might have done, -Pilate might have done. We are thus enabled to judge the extent of -Pilate's powers; powers clothed with _imperium_ and revocable only by -the great procurator at Rome. - -In the government of the purely subject states of a province, the -procurator exercised the unlimited jurisdiction of the military -_imperium_. No law abridged the single and sovereign exercise of his -will. Custom, however, having in fact the force of law, prescribed that -he should summon to his aid a council of advisers. This advisory body -was composed of two elements: (1) Roman citizens resident in this -particular locality where the governor was holding court; and (2) -members of his personal staff known as the Prętorian Cohort. The -governor, in his conduct of judicial proceedings, might solicit the -opinions of the members of his council. He might require them to vote -upon the question at issue; and might, if he pleased, abide by the -decision of the majority. But no rule of law required him to do it; it -was merely a concession and a courtesy; it was not a legal duty. - -Again, when it is said that the procurator exercised the "unlimited -jurisdiction of the military _imperium_," we must interpret this, -paradoxical though it may seem, in a restricted sense; that is, we must -recognize the existence of exceptions to the rule. It is unreasonable to -suppose that Rome, the mother of laws, ever contemplated the rule of -despotism and caprice in the administration of justice in any part of -the empire. It is true that the effect of the _imperium_, "as applied to -provincial governorship, was to make each _imperator_ a king in his own -domain"; but kings themselves have nearly always been subject to -restrictions; and the authorities are agreed that the _imperium_ of the -Roman procurator of the time of Christ was hemmed in by many -limitations. A few of these may be named. - -In the first place, the rights guaranteed to subject states within the -provincial area by the law of the province (_lex provincię_) were the -first limitations upon his power. - -Again, it is a well-known fact that Roman citizens could appeal from the -decision of the governor, in certain cases, to the emperor at Rome. Paul -exercised this right, because he was a Roman citizen.[8] Jesus could -not appeal from the judgment of Pilate, because He was not a Roman -citizen. - -Again, fear of an aroused and indignant public sentiment which might -result in his removal by the emperor, exercised a salutary restraint -upon the conduct, if it did not abridge the powers of the governor. - -These various considerations bring us now to the second question asked -in the beginning of this chapter: What forms of criminal procedure, if -any, were employed by Pilate in conducting the Roman trial of Jesus? - -It is historically true that Pilate exercised, as procurator of Judea, -the unlimited jurisdiction of the military _imperium_; and that this -_imperium_ made him virtually an "_imperator_, a king in his own -domain." It is also historically true that the inhabitants of the purely -subject states of a province, who were not themselves Roman citizens, -when accused of crime, stood before a Roman governor with no protection -except the plea of justice against the summary exercise of absolute -power. In other words, in the employment of the unlimited jurisdiction -of the military _imperium_, a Roman governor, in the exercise of his -discretion, might, in the case of non-Roman citizens of a subject state, -throw all rules and forms of law to the wind, and decide the matter -arbitrarily and despotically. It may be that Pilate did this in this -case. But the best writers are agreed that this was not the policy of -the Roman governors in the administration of justice in the provinces at -the time of Christ. The lawgiving genius of Rome had then reached -maturity and approximate perfection in the organization of its criminal -tribunals. It is not probable, as before suggested, that despotism and -caprice would be systematically tolerated anywhere in the Roman world. -If the emperors at Rome were forced, out of regard for public sentiment, -to respect the constitution and the laws, it is reasonable to infer that -their personal representatives in the provinces were under the same -restraint. We feel justified then in asserting that Pilate, in the trial -of Jesus, should have applied certain laws and been governed by certain -definite rules of criminal procedure. What were these rules? A few -preliminary considerations will greatly aid the reader in arriving at an -answer to this question. It should be understood: - -(1) That Pilate was empowered to apply either Roman law or the local law -in the trial of any case where the crime was an offense against both the -province and the empire, as in the crime of murder; but that in the case -of treason with which Jesus was charged he would apply the law of Rome -under forms of Roman procedure. It has been denied that Pilate had a -right to apply Jewish law in the government of his province; but this -denial is contrary to authority. Innes says: "The Roman governor -sanctioned, or even himself administered, the old law of the region."[9] -Schürer says: "It may be assumed that the administration of the civil -law was wholly in the hands of the Sanhedrin and native or local -magistrates: Jewish courts decided according to Jewish law. But even in -the criminal law this was almost invariably the case, only with this -exception, that death sentences required to be confirmed by the Roman -procurator. In such cases, the procurator decided, if he pleased, -according to Jewish law."[10] Greenidge says: "Even the first clause of -the Sicilian _lex_, if it contained no reference to jurisdiction by the -local magistrate, left the interpretation of the _native law_ wholly to -Roman _proprętors_."[11] It is thus clearly evident that Roman -procurators might apply either Roman or local laws in ordinary cases. - -(2) That Roman governors were empowered to apply the adjective law of -Rome to the substantive law of the province. In support of this -contention, Greenidge says: "The edict of the _proprętor_ or -pro-consul, ... clearly could not express the native law of each -particular state under its jurisdiction; but its generality and its -expansiveness admitted, as we shall see, of an application of Roman -forms to the substantive law of any particular city."[12] - -(3) That the criminal procedure employed by Pilate in the trial of Jesus -should have been the criminal procedure of a capital case tried at Rome, -during the reign of Tiberius Cęsar. This fact is very evident from the -authorities. The trial of capital cases at Rome furnished models for -similar trials in the provinces. In the exercise of the unlimited -jurisdiction of the military _imperium_, Roman governors might disregard -these models. But, ordinarily, custom compelled them to follow the -criminal precedents of the Capital of the empire. The following -authorities support this contention. - -Rosadi says: "It is also certain that in the provinces the same order -was observed in criminal cases as was observed in cases tried at -Rome."[13] This eminent Italian writer cites, in proof of this -statement, Pothier, Pandect. XLVIII. 2, n. 28. - -Greenidge says: "Yet, in spite of this absence of legal checks, the -criminal procedure of the provinces was, in the protection of the -citizen as in other respects, closely modelled on that of Rome."[14] - -To the same effect, but more clearly and pointedly expressed, is Geib, -who says: "It is nevertheless true that the knowledge which we have, -imperfect though it may be, leaves no doubt that the courts of the -Italian municipalities and provinces had, in all essential elements, the -permanent tribunals (_quęstiones perpetuę_) as models; so that, in fact, -a description of the proceedings in the permanent tribunals is, at the -same time, to be regarded as a description of the proceedings in the -provincial courts."[15] - -These permanent tribunals (_quęstiones perpetuę_) were courts of -criminal jurisdiction established at Rome, and were in existence at the -time of the crucifixion. Proceedings in these courts in capital cases, -were models of criminal procedure in the provinces at the time of -Christ. It logically follows then that if we can ascertain the -successive steps in the trial of a capital case at Rome before one of -the permanent tribunals, we have accurate information of the exact form -of criminal procedure, not that Pilate did employ, but which he should -have employed in the trial of Jesus. - -Fortunately for the purposes of this treatise, every step which Roman -law required in the trial of capital cases at Rome is as well known as -the provisions of any modern criminal code. From the celebrated Roman -trials in which Cicero appeared as an advocate, may be gleaned with -unerring accuracy the fullest information touching all the details of -capital trials at Rome at the time of Cicero. - -It should be observed, at this point, that the period of Roman -jurisprudence just referred to was in the closing years of the republic; -and that certain changes in the organization of the tribunals as well as -in the forms of procedure were effected by the legislation of Augustus. -But we have it upon the authority of Rosadi that these changes were not -radical in the case of the criminal courts and that the rules and -regulations that governed procedure in them during the republic remained -substantially unchanged under the empire. The same writer tells us that -the permanent tribunals for the trial of capital cases did not go out of -existence until the third century of the Christian era.[16] - -The following chapter will be devoted, in the main, to a description of -the mode of trial of capital cases at Rome before the permanent -tribunals at the time of Christ. - - - - -CHAPTER IV - -MODE OF TRIAL IN ROMAN CAPITAL CASES - - -The reader should keep clearly and constantly in mind the purpose of -this chapter: to describe the mode of trial in capital cases at Rome -during the reign of Tiberius Cęsar; and thus to furnish a model of -criminal procedure which Pilate should have imitated in the trial of -Jesus at Jerusalem. In the last chapter, we saw that the proceedings of -the permanent tribunals (_quęstiones perpetuę_) at Rome furnished models -for the trial of criminal cases in the provinces. It is now only -necessary to determine what the procedure of the permanent tribunals at -the time of Christ was, in order to understand what Pilate should have -done in the trial of Jesus. But the character of the _quęstiones -perpetuę_, as well as the rules and regulations that governed their -proceedings, cannot well be understood without reference to the criminal -tribunals and modes of trial in criminal cases that preceded them. Roman -history discloses two distinct periods of criminal procedure before the -organization of the permanent tribunals about the beginning of the last -century of the Republic: (1) The period of the kings and (2) the period -of the early republic. Each of these will be here briefly considered. - -_The Regal Period._--The earliest glimpses of Roman political life -reveal the existence of a sacred and military monarchy in which the king -is generalissimo of the army, chief pontiff of the national religion, -and supreme judge in civil and criminal matters over the lives and -property of the citizens. These various powers and attributes are -wrapped up in the _imperium_. By virtue of the _imperium_, the king -issued commands to the army and also exercised the highest judicial -functions over the lives and fortunes of his fellow-citizens. The kings -were thus military commanders and judges in one person, as the consuls -were after them. The monarch might sit alone and judge cases and impose -sentences; but the trial was usually a personal investigation undertaken -by him with the advice and aid of a chosen body of judges from the -senate or the pontifical college. According to Dionysius, Romulus -ordered that all crimes of a serious nature should be tried by the king, -but that all lighter offenses should be judged by the senate.[17] Little -confidence can be reposed in this statement, since the age and deeds of -Romulus are exceedingly legendary and mythical. But it is historically -true that in the regal period of Rome the kings were the supreme judges -in all civil and criminal matters. - -_The Early Republican Period._--The abolition of the monarchy and the -establishment of the republic witnessed the distribution of the powers -of government formerly exercised by the king among a number of -magistrates and public officers. Consuls, tribunes, prętors, ędiles, -both curule and plebeian, exercised, under the republic, judicial -functions in criminal matters. - -The consuls were supreme criminal judges at the beginning of the -republic, and were clothed with unlimited power in matters of life and -death. This is shown by the condemnation and execution of the sons of -Brutus and their fellow-conspirators.[18] Associated with the consuls -were, at first, two annually appointed quęstors whom they nominated. The -functions of the quęstors were as unlimited as those of their superiors, -the consuls; but their jurisdiction was confined chiefly to criminal -matters and finance. - -The tribunes, sacred and inviolable in their persons as representatives -of the _plebs_ and as their protectors against patrician oppression, -exercised at first merely a negative control over the regular -magistracies of the community. But, finally, they became the chief -public prosecutors of political criminals. - -The prętors, whose chief jurisdiction was in civil matters, were -potentially as fully criminal judges as the consuls, and there may have -been a time when a portion of criminal jurisdiction was actually in -their hands. In the later republic, they presided over the _quęstiones -perpetuę_, permanent criminal tribunals. - -The ędiles are found in Roman history exercising functions of criminal -jurisdiction, although their general powers were confined to the special -duties of caring for the games, the market, and the archives. - -But the criminal jurisdiction of the magistrates who replaced the king -at the downfall of the monarchy was abridged and almost destroyed by the -famous _lex Valeria_ (_de provocatione_). This law was proposed 509 B.C. -by Publius Valerius, one of the first consuls of Rome, and provided that -no magistrate should have power to execute a sentence of death against a -Roman citizen who had appealed to the judgment of the people in their -public assembly. This _lex_ was the _magna charta_ of the Romans and was -justly regarded by them as the great palladium of their civil liberty. -And it was this law that inaugurated the popular jurisdiction of the -_comitia_. The result was that for more than three hundred years the -final determination of the question of life or death was in the hands of -the people themselves. From the passage of the Valerian law the function -of the magistrates was limited to the duty of convincing the people of -the guilt of an alleged criminal against whom they themselves had -already pronounced a preliminary sentence. The magistrates were, -therefore, not so much judges as prosecutors; the people were the final -judges in the case. - -_Mode of Trial in the Comitia, or Public Assembly._--On a certain day, -the prosecuting magistrate, who had himself pronounced the preliminary -sentence against an accused person who had appealed to the people in -their public assembly, mounted the _rostra_, and called the people -together by the voice of a herald. He then made a proclamation that on -a certain day he would bring an accusation against a certain person upon -a given charge. At the same time, he called upon this person to come -forward and hear the charges against him. The defendant then presented -himself, listened to the accusation, and immediately furnished bond for -his appearance, or in default of bail, was thrown into prison. Upon the -day announced at the opening of the trial, the prosecuting magistrate -again mounted the _rostra_, and summoned the accused by a herald, if he -was at large, or had him brought forth if he was in prison. The -prosecutor then produced evidence, oral and documentary, against the -prisoner. The indictment had to be in writing, and was published on -three market days in the Forum. The prosecution came to an end on the -third day, and the accused then began his defense by mounting the -_rostra_ with his patron and presenting evidence in his own behalf. The -prosecutor then announced that on a certain day he would ask the people -to render judgment by their votes. In the early years of the republic, -the people voted by shouting their approval or disapproval of the -charges made; but later a tablet bearing one of the two letters V. (_uti -rogas_) or A. (_absolvo_) was used as a ballot. - -The effect of popular jurisdiction in criminal processes at Rome was in -the nature of a two-edged sword that cut both ways. It was beneficial in -the limitations it imposed upon the conduct of single magistrates who -were too often capricious and despotic. But this benefit was purchased -at the price of a kind of popular despotism not less dangerous in its -way. It has always been characteristic of popular assemblies that their -decisions have been more the outcome of passion and prejudice than the -result of calm wisdom and absolute justice. The trouble at Rome was that -the people were both legislators and judges in their public assemblies; -and it nearly always happened that the lawmakers rose above and trampled -upon the very laws which they themselves had made. The natural offspring -of this state of things is either anarchy or despotism; and it was only -the marvelous vitality of the Roman Commonwealth that enabled it to -survive. - -The reports of the great criminal trials before the _comitia_ reveal the -inherent weakness of a system of popular jurisdiction in criminal -matters. Personal and political considerations foreign to the merits of -the case were allowed to take the place of competent evidence; and -issues of right and expediency were too frequently mixed up. The -accused, at times, trusted not so much in the righteousness of his cause -as in the feelings of compassion and prejudice that moved the people as -popular judges. And to excite these feelings the most ludicrous and -undignified steps were sometimes taken. The defendant nearly always -appeared at the trial in mourning garb, frequently let his hair and -beard grow long, and often exhibited the scars and wounds received in -battle whilst fighting for his country. He sometimes offered prayers to -the immortal gods and wept bitterly; at other times he caused his -children and other relatives to appear at the trial, wailing, and -tearing their clothes. Not content with presenting all the pathetic -features of his own life, he left nothing undone to expose his opponents -to hatred and contempt. It thus happened that many of the great criminal -causes of Rome were mere farcical proceedings. A few instances may be -cited. - -Horatius, though tried in the time of the third Roman king, was pardoned -by the people for the murder of his sister because of his heroic deed in -single combat with the three Curiatii, and because his father had lost -three children in the service of the state. - -In the year 98, Manlius Aquillius, the pacificator of Sicily, was tried -for embezzlement. Marcus Antonius, his advocate, ended his argument for -the defense by tearing the tunic of Aquillius to show the breast of the -veteran warrior covered with scars. The people were moved to tears and -Aquillius was acquitted, although the evidence was very clear against -him. - -In the trial of M. Manlius, 384 B.C., new tactics were employed. The -accused refused to appear in mourning. There was no weeping in his -behalf. On the other hand, Manlius relied upon his services to the state -for acquittal. He brought forward four hundred citizens who by his -generosity he had saved from bondage for debt; he exhibited the spoils -taken from thirty slain enemies, also military decorations received for -bravery in battle--among them two mural and eight civic crowns; he then -produced many citizens rescued by him from the hands of the enemy; he -then bared his breast and exhibited the scars received by him in war; -and, lastly, turning toward the Capitol, he implored Jupiter to protect -him, and to infuse, at this moment, into the Roman people, his judges, -the same spirit of courage and patriotism that had given him strength to -save the city of Rome and his whole country from the hands of the Gauls. -He begged the people to keep their eyes fixed on the Capitol while they -were pronouncing sentence against him to whom they owed life and -liberty. It is said that his prosecutors despaired of convicting him -amidst such surroundings, and adjourned the trial to another place, -where the Capitol could not be seen; and that thereupon the conviction -of Manlius was secured and his condemnation pronounced. - -In the year 185 B.C., the tribune M. Nęvius, at the instigation of Cato, -accused Scipio Africanus before the tribes of having been bribed to -secure a dishonorable peace. It was clearly evident that a charge of -this kind could not well be sustained by evidence; but it was believed -that a conviction could be secured by an appeal to the passion and -prejudice of the multitude. But this advantage operated as greatly in -favor of Scipio as it did in favor of his accusers. And he did not fail -to use the advantage to the fullest extent. In seeming imitation of M. -Manlius, two hundred years before, he appealed for acquittal to the -people on account of his public services. He refused to appear in -mourning, offered no evidence in his own behalf, nor did he exhibit the -usual humility of an accused Roman before his countrymen. With proud -disdain, he spurned the unworthy imputation of bribery, and pointed the -people to the magnificent achievements of his brilliant public career. -He reminded them that the day of the trial was itself the anniversary of -his victory over the greatest enemy that Rome ever had, at Zama. It was -degrading, he exclaimed, both to him and to the Roman nation, to bring -such a charge on this day against the man to whom it was due that the -Commonwealth of Rome still existed. He refused to lower himself, he -said, by listening to the insolent charges of a vulgar brawler who had -never done anything for the state. He declared that instead he would -repair at once to the temple of Jupiter and render thanks for his -victory over Hannibal to the protecting gods of his country. With these -words, he left the Forum and went to the Capitol and from there to his -house, accompanied by the great majority of the people, while the -accusing tribune and his official staff were left alone in the market -place. - -The inevitable result of these cases of miscarriage of justice, in which -patriotic bravado and rhetorical claptrap took the place of legal rules, -was a desire and demand for the reform of criminal procedure. Besides, -it had ever been found troublesome and inconvenient to summon the whole -body of the Roman people to try ordinary offenses. It was only in cases -of great gravity that the ponderous machinery of the _comitia -centuriata_ could be set in motion. This difficulty was increased with -the growth of the republic, in which crimes also grew in number and -magnitude. The necessity for the reform of the criminal law resulted in -the institution of permanent tribunals (_quęstiones perpetuę_). A series -of legal enactments accomplished this result. The earliest law that -created a permanent _quęstio_ was the _lex Calpurnia_ of 149 B.C. And it -was the proceedings in these courts, which we shall now describe, that -should have guided Pilate in the trial of Jesus. - -_Mode of Trial in the Permanent Tribunals._--We shall attempt to trace -in the remaining pages of this chapter the successive steps in the trial -of criminal cases before the permanent tribunals at Rome. - -_First Stage_ (_postulatio_).--A Roman criminal trial before a _quęstio -perpetua_ commenced with an application to the presiding magistrate, the -prętor or the _iudex quęstionis_, for permission to bring a criminal -charge against a certain person. The technical Latin expression for this -request to prosecute is _postulatio_. It should be here noted that -State's attorneys or public prosecutors, in a modern sense, were not -known to the Romans at this time. Private citizens took upon themselves -public prosecutions in behalf of the state. They were encouraged to do -this from motives of personal profit as well as patriotic interest in -the welfare of the community. As young men in modern times, just -admitted to the bar, often accept criminal cases by assignment from the -court in order to make a beginning in their professional careers, so -young Roman nobles in ancient times sought to make reputations for -themselves by accusing and prosecuting public delinquents. And not only -professional reputation, but financial compensation as well could be -gained in this way. The Roman laws of the time of Cicero provided that a -successful prosecutor should receive one-fourth part of the property -confiscated or the fine imposed. A Macedonian inscription offered a -reward of 200 denarii to the prosecutor who should bring to justice the -desecrators of a tomb.[19] - -_Second Stage_ (_divinatio_).--It often happened that more than one -accuser desired to prosecute a single offense; but more than one -prosecutor was not permitted by Roman law unless there was more than one -crime charged. Then, in case of a concurrence of would-be accusers, a -preliminary trial was had to determine which one of these was best -fitted to bring the accusation. This initial hearing was known in Roman -law as the _divinatio_. It was indeed more than a mere hearing; it was a -regular trial in which the question of the fitness of the different -candidates for the position of _delator_ was argued before the president -and the jury. This jury was in many cases distinct from the one that -finally tried the case on the merits. The purpose of the whole -proceeding known as the _divinatio_ was to secure a prosecutor who was -at once both able and sincere; and both these qualities were generally -very strenuously urged by all those who desired to assume the rōle of -accuser. Indeed all personal qualifications involving the mental and -moral attributes of the would-be prosecutors were pointedly urged. At -the hearing, the different candidates frequently became animated and -even bitter opponents of each other. Crimination and recrimination then -followed as a natural consequence. An applicant might show that he was -thoroughly familiar with the affairs of a province, as a special fitness -in the prosecution of a public official for extortion in that province. -An opponent, on the other hand, might show that said applicant had been -associated with said official in the government of the province and had -been, and was now, on the friendliest terms with him. After the -meritorious qualifications of all the claimants had been presented, the -president and jury rendered their decision. The details of the evidence -affecting the merits of the charge were not considered at this -preliminary trial. Only such facts were considered as affected the -personal qualifications of the different candidates for the place of -accuser. When these qualifications were about equally balanced in point -of merit between two applicants, the abler speaker was generally chosen. - -_Third Stage_ (_nominis delatio_).--It frequently happened that the -_postulatio_, the request to prosecute, was not followed by the -_divinatio_, the preliminary hearing on the merits of different -applicants, because there was only one would-be accuser; and his -qualifications were beyond dispute. In such a case, when a request to -bring a criminal charge against a certain person had been presented by a -citizen to the prętor, there followed, after a certain interval of time, -a private hearing before the president of the court for the purpose of -gaining fuller and more definite information concerning the charge. This -private proceeding was styled the _nominis_ or _criminis delatio_, and -took place before the president alone. Its main object was to secure a -specification of the personality of the accused as well as of the -charges brought against him. At this stage of the trial the presence of -the accused person was necessary, unless he was absent under valid -excuse. The _lex Memmia_, passed in the year 114 B.C., permitted a -delinquent to plead that he was absent from Rome on public business, as -an excuse for not appearing at the _nominis delatio_. In the year 58 -B.C., the tribune L. Antistius impeached Julius Cęsar. But the -colleagues of Antistius excused Cęsar from personal attendance because -he was absent in the service of the state in Gaul. But, if the accused -appeared at the _nominis delatio_, the prosecutor interrogated him at -length concerning the facts of the crime. The purpose of this -interrogation (_interrogatio_) was to satisfy the president that there -was a prima facie case to carry before the regular tribunal in open -trial. The proceedings of the _nominis delatio_ were thus in the nature -of a modern Grand Jury investigation, instituted to determine if a -serious prosecution should be had. - -_Fourth Stage_ (_inscriptio_).--If the interrogation convinced the -president that the prosecutor had a prima facie case to take before the -permanent tribunal, he framed a form of indictment called the -_inscriptio_. This indictment was signed by the chief prosecutor and -also by a number of witnesses against the accused called -_subscriptores_. The charge was now definitely fixed; and, from this -moment, it was the only offense that could be prosecuted at the trial. -The drawing up of this charge by the president was similar to the -framing of an indictment by a modern Grand Jury. - -_Fifth Stage_ (_nominis receptio_).--After the indictment or inscription -had been framed, it was formally received by the president. This act -was styled the _nominis receptio_ and corresponds, in a general way, -with the presentment of an indictment by a modern Grand Jury. When the -_nominis receptio_ was complete, the case was said to be _in judicio_, -and the accused was said to be _in reatu_. The president then fixed a -day certain for the appearance of the accused and the beginning of the -trial. The time fixed was usually ten days from the _nominis receptio_. -However, a longer time was allowed if evidence had to be secured from -beyond the sea. Thirty days were allowed the accusers in the prosecution -of Scaurus. Cicero was given one hundred and ten days to secure evidence -against Verres; but he actually employed only sixty. The time granted -the prosecutor was also required by the law to be utilized by the -defendant in preparing his case. - -The preliminary steps in the prosecution were now complete, and the -accused awaited the day of trial. In the meantime, he was allowed to go -at large, even when charged with a grave offense like murder. -Imprisonment to prevent escape had almost ceased at the time of which we -write. If the evidence against the accused was weak, it was felt that he -would certainly appear at the trial. If the evidence against him was -very strong, it was thought that he would seek to escape a sentence of -death in voluntary exile, a step which Romans always encouraged, as they -were averse, at all times, to putting a Roman citizen to death. - -_Sixth Stage_ (_citatio_).--At the expiration of the time designated by -the president for the beginning of the trial, the proceedings before the -judges began. All the necessary parties, including the judges or jurors, -were summoned by a herald to appear. This procedure was termed the -_citatio_. Strange to say, if the accused failed to appear the case -could proceed without him. The reason for the requirement of his -presence at the _nominis delatio_, but not at the trial is not clear; -especially when viewed in the light of a modern trial in which the -defendant must be present at every important step in the proceedings. -Under Roman procedure, the presence of the defendant was not necessary, -whether he was in voluntary exile, or was obstinately absent. In 52 -B.C., Milo was condemned in his absence; and we read in Plutarch that -the assassins of Cęsar were tried in their absence, 43 B.C. - -Excusable absence necessitated an adjournment of the case. The chief -grounds for an adjournment were: (1) Absence from the city in the public -service; (2) that the accused was compelled to appear in another court -on the same day; (3) illness. - -The absence of the accused did not prevent the prosecution of the case, -but the nonappearance of the prosecutor on the day fixed for the -beginning of the trial usually terminated the proceedings at once. The -fact that the case had to be dismissed if the accuser failed to appear -only serves to illustrate how dependent the state was on the sincerity -of the citizen who undertook the prosecution. The obligations of the -prosecutor honestly and vigorously to follow up a suit which he had set -in motion were felt to be so serious a matter by the Romans that -special laws were passed to hold him in the line of duty. The _lex -Remmia_ provided that if any citizen knowingly accused another citizen -falsely of a crime, the accuser should be prosecuted for calumny -(_calumnia_). It further provided that, in case of conviction, the -letter K should be branded on the forehead of the condemned. Such laws -were found necessary to protect the good name of Roman citizens against -bad men who desired to use the legal machinery of the state to gratify -private malevolence against their enemies. It may thus be seen that the -system which permitted public prosecutions on the motion of private -citizens was attended by both good and bad results. Cicero regarded such -a system as a positive benefit to the state.[20] Its undoubted effect -was to place a check upon corruption in public office by subjecting the -acts of public officials to the scrutiny and, if need be, to the censure -of every man in the nation. On the other hand, accusers in public -prosecutions came finally to be identified, in the public mind, with -coarse and vulgar informers whose only motive in making public -accusations was to create private gain. So thoroughly were they despised -that one of the parasites of Plautus scornfully exclaims that he would -not exchange his vocation, though low and groveling, with that of the -man who makes a legal proceeding "his net wherein to catch another man's -goods."[21] - -_Seventh Stage_ (_impaneling the judges_).--But if the prosecutor -appeared in due time, the trial formally began by the impaneling of the -judges. This was usually done by the prętor or _iudex quęstionis_ who, -at the beginning of the trial, placed the names of the complete panel of -jurors, inscribed on white tablets, into an urn, and then drew out a -certain number. Both prosecutor and accused had the right to challenge a -limited number, as the names were being drawn. The number of challenges -allowed varied from time to time. - -_Eighth Stage_ (_beginning of the trial_).--When the judges had been -impaneled, the regular proceedings began. The place of trial was the -Forum. The curule chair of the prętor and the benches of the judges, -constituting the tribunal, were here placed. On the ground in front of -the raised platform upon which the prętor and judges sat, were arranged -the benches of the parties, their advocates and witnesses. Like the -ancient Hebrew law, Roman law required that criminal cases should be -tried only by daylight, that is, between daybreak and one hour before -sunset. At the opening of the trial, the prosecutor, backed by the -_subscriptores_, and the accused, supported by his patrons and -advocates, appeared before the tribunal. - -In a modern criminal trial the case is opened by the introduction of -testimony which is followed by regular speeches of counsel for the -people and the defendant. In those jurisdictions where opening addresses -are required before the examination of the witnesses, the purpose is to -inform the jury of the facts which it is proposed to prove. Argument and -characterization are not permitted in these opening speeches. The real -speeches in which argument and illustration are permitted come after the -evidence has been introduced. The purpose of these closing speeches is -to assist the jury in determining matters of fact from conflicting -testimony. - -Under the Roman system of trial in criminal cases, the order was -reversed. The regular speeches containing argument, characterization, -and illustration, as well as a statement of the facts proposed to be -proved, were made in the very beginning. Evidence was then introduced to -show that the orators had told the truth in their speeches. - -It is not practicable in this place to discuss the kinds and relevancy -of evidence under Roman criminal procedure. Suffice it to say that -slaves were always examined under torture. - -The close of the evidence was followed by the judgment of the tribunal. - -_Ninth Stage_ (_voting of the judges_).--The judges voted by ballot, and -a majority of votes decided the verdict. The balloting was done with -tablets containing the letters A. (_absolvo_), C. (_condemno_) and N. L. -(_non liquet_). When the votes had been cast, the tablets were then -counted by the president of the tribunal. If the result indicated a -condemnation, he pronounced the word _fecisse_; if an acquittal, the -phrase, _non fecisse videtur_; if a doubtful verdict (_non liquet_), the -words _amplius esse cognoscendum_. The result of a doubtful (_non -liquet_) verdict was a retrial of the case at some future time. - -Such were the main features of the trial of a capital case at Rome at -the date of the crucifixion. Such was the model which, according to the -best authorities, Pilate was bound to follow in the trial of Jesus. Did -he imitate this model? Did he observe these rules and regulations? We -shall see. - - - - -CHAPTER V - -ROMAN FORMS OF PUNISHMENT - - -According to Gibbon, the laws of the Twelve Tables, like the statutes of -Draco, were written in blood. These famous decrees sanctioned the -frightful principle of the _lex talionis_; and prescribed for numerous -crimes many horrible forms of punishment. The hurling from the Tarpeian -Rock was mild in comparison with other modes of execution. The traitor -to his country had his hands tied behind his back, his head shrouded in -a veil, was then scourged by a lictor, and was afterwards crucified, in -the midst of the Forum by being nailed to the _arbor infelix_. A -malicious incendiary, on a principle of retaliation, was delivered to -the flames. He was burned to death by being wrapped in a garment covered -with pitch which was then set on fire.[22] A parricide was cast into the -Tiber or the sea, inclosed in a sack, to which a cock, a viper, a dog, -and a monkey had been successively added as fit companions in death.[23] - -But the development of Roman jurisprudence and the growth of Roman -civilization witnessed a gradual diminution in the severity of penal -sanctions, in the case of free citizens, until voluntary exile was the -worst punishment to which a wearer of the toga was compelled to submit. -The Porcian and Valerian laws prohibited the magistrates from putting -any Roman citizen to death. The principle underlying these laws was the -offspring of a proud and patriotic sentiment which exempted the masters -of the world from the extreme penalties reserved for barbarians and -slaves. Greenidge, interpreting Cicero, very elegantly expresses this -sentiment: "It is a _facinus_ to put a Roman citizen in bonds, a -_scelus_ to scourge him, _prope parricidium_ to put him to death." - -The subject of this volume limits the discussion in this chapter to a -single Roman punishment: Crucifixion. Around this word gather the most -frightful memories and, at the same time, the sweetest and sublimest -hopes of the human race. A thorough appreciation of the trial of Jesus, -it is felt, renders necessary a comparatively exhaustive treatment of -the punishment in which all the horrors and illegalities of the -proceedings against Him culminated. - -_History._--Tradition attributes the origin of crucifixion, the most -frightful and inhuman form of punishment ever known, to a woman, -Semiramis, Queen of Assyria. We are reminded by this that quartering, -drawing at a horse's tail, breaking on the wheel, burning and torture -with pincers, were provisions in a codex bearing the name of a woman: -Maria Theresa.[24] - -Crucifixion was practiced by the ancient Egyptians, Carthaginians, -Persians, Germans, Assyrians, Greeks, and Romans. The Romans employed -this form of punishment on a colossal scale. The Roman general Varus -crucified 2,000 Jews in one day at the gates of Jerusalem. The close of -the war with Spartacus, the gladiator, witnessed the crucifixion of -10,000 slaves between Capua and Rome. - -Crucifixion, as a form of punishment, was unknown to the ancient -Hebrews. The penalty of death was enforced among them by burning, -strangling, decapitation, and stoning. The "hanging" of criminals "on a -tree," mentioned in Deut. xxi. 22, was a posthumous indignity offered -the body of the criminal after death by stoning, and struck horror to -the soul of every pious Israelite who beheld it. Among the Romans also -degradation was a part of the infliction, since crucifixion was -peculiarly a _supplicium servile_. Only the vilest criminals, among free -men, such as were guilty of robbery, piracy, assassination, perjury, -sedition, treason, and desertion from the army, met death in this way. -The _jus civitatis_ protected Roman citizens against this punishment. - -_Mode of Crucifixion._--A sentence of death having been pronounced by a -Roman magistrate or tribunal, scourging became a preliminary to -execution. This was done with the terrible _flagellum_ into which the -soldiers frequently stuck nails, pieces of bone, and other hard -substances to heighten the pain which was often so intense as to produce -death. The victim was generally bound to a column to be scourged. It was -claimed by Jerome, Prudentius, Gregory of Tours, and others that they -had seen the one to which Jesus was bound before His scourging began. -After the flagellation, the prisoner was conducted to the place of -execution. This was outside the city, often in some public road, or -other conspicuous place like the Campus Martius at Rome. The criminal -was compelled to carry his own cross; and when he had arrived at the -place of crucifixion, he was compelled to watch the preparations for his -torture. Before his eyes and in his presence, the cross was driven into -the ground; and, after having been stripped naked, he was lifted upon -and nailed to it. It sometimes happened that he was stretched upon it -first and then lifted with it from the ground. The former method was the -more common, however, as it was desired to strike terror into the victim -by the sight of the erection of the cross. The body was fastened to the -cross by nails driven into the hands and sometimes into the feet; more -frequently, however, the feet were merely bound by cords. - -The pictures of crosses in works of art are misrepresentations, in that -they are too large and too high. The real cross of antiquity was very -little longer than the victim, whose head was near the top, and whose -feet often hung only twelve or fifteen inches from the ground. Pictorial -art is also false because it fails to show the projecting beam from near -the center of the cross upon which the criminal sat. That there was such -a beam is attested by the almost unanimous voice of antiquity. - -Crucifixion was conducted, under Roman auspices, by a _carnifex_, or -hangman, assisted by a band of soldiers. At Rome, execution was done -under the supervision of the _Triumviri Capitales_. The duty of the -soldiers was not only to erect the cross and nail the victim to it, but -also to watch him until he was dead. This was a necessary precaution to -prevent friends and relatives from taking the criminal down and from -carrying him away, since he sometimes continued to live upon the cross -during several days. If taken down in time, the suffering man might -easily be resuscitated and restored to health. Josephus tells us that -three victims were ordered to be taken down by Titus at his request, and -that one of them recovered. "In the later persecutions of the -Christians, the guards remained four or six days by the dead, in order -to secure them to the wild beasts and to cut off all possibility of -burial and resurrection; and in Lyons the Christians were not once able -by offers of much gold to obtain the privilege of showing compassion -upon the victims of the pagan popular fury. Sometimes, however, -particularly on festival days, e.g., the birthdays of the emperors, the -corpse was given up to the friends of the deceased, either for money or -without money, although even Augustus could be cruel enough to turn a -deaf ear to the entreaties of the condemned for sepulture."[25] - -Roman records tell us that the soldiers frequently hastened death by -breaking the legs of the criminal; at other times, fires were built -about the cross beneath him; and, again, wild beasts were turned loose -upon him. - -It was the general custom to allow the body to remain and rot upon the -cross, or to be devoured by wild beasts and birds of prey. "Distracted -relatives and friends saw the birds of prey attack the very faces of -those whom they loved; and piety often took pains to scare away the -birds by day and the beasts by night, or to outwit the guards that -watched the dead."[26] - -Sepulture was generally forbidden by law, though there were exceptions -to the rule. At the request of Joseph of Arimathea, Pilate consented -that Jesus should be taken down and buried.[27] A national exception -seems also to have been made in the case of the Jews on account of the -requirements of Deut. xxi. 22, 23. - -_Pathology._--The following pathological phases of death by crucifixion -are from a treatise by the celebrated physician, Richter (in John's -"Bibl. Arch."), which have been reproduced in Strong and McClintock's -"Cyclopedia": - -"(1) The unnatural position and violent tension of the body, which cause -a painful sensation from the least motion. - -"(2) The nails, being driven through parts of the hands and feet which -are full of nerves and tendons (and yet at a distance from the heart) -create the most exquisite anguish. - -"(3) The exposure of so many wounds and lacerations brings on -inflammation, which tends to become gangrene, and every movement -increases the poignancy of suffering. - -"(4) In the distended parts of the body, more blood flows through the -arteries than can be carried back into the veins: hence too much blood -finds its way from the aorta into the head and stomach, and the blood -vessels of the head become pressed and swollen. The general obstruction -of circulation which ensues causes an intense excitement, exertion, and -anxiety more intolerable than death itself. - -"(5) The inexpressible misery of _gradually increasing_ and lingering -anguish. - -"(6) Burning and raging thirst. - -"Death by crucifixion (physically considered) is, therefore, to be -attributed to the sympathetic fever which is excited by the wounds, and -aggravated by exposure to the weather, privation of water, and the -painfully constrained position of the body. Traumatic fever corresponds, -in intensity and in character, to the local inflammation of the wound, -is characterized by heat, swelling, and great pain, the fever is highly -inflammatory, and the sufferer complains of heat, throbbing headache, -intense thirst, restlessness, and anxiety. As soon as suppuration sets -in, the fever somewhat abates, and partially ceases as suppuration -diminishes and the stage of cicatrization approaches. But if the wound -be prevented from healing and suppuration continues, the fever assumes a -hectic character, and will sooner or later exhaust the powers of life. -When, however, the inflammation of the wound is so intense as to produce -mortification, nervous depression is the immediate consequence; and, if -the cause of this excessive inflammation of the wound still continues, -as is the case in crucifixion, the sufferer rapidly sinks. He is no -longer sensible of pain, but his anxiety and sense of prostration are -excessive; hiccough supervenes, his skin is moistened with a cold clammy -sweat, and death ensues. It is in this manner that death on the cross -must have taken place in an ordinarily healthy constitution." - -The intense sufferings and prolonged agony of crucifixion can be best -illustrated by an account of several cases of this form of punishment -taken from history. - -From the "Chrestomathia Arabica" of Kosegarten, published in 1828, is -taken the following story of the execution of a Mameluke. The author of -this work gleaned the story from an Arabic manuscript entitled "The -Meadow of Flowers and the Fragrant Odour": - -"It is said that he had killed his master for some cause or other, and -he was crucified on the banks of the river Barada under the castle of -Damascus, with his face turned toward the East. His hands, arms, and -feet were nailed, and he remained so from midday on Friday to the same -hour on Sunday, when he died. He was remarkable for his strength and -prowess; he had been engaged with his master in sacred war at Askelon, -where he slew great numbers of the Franks; and when very young he had -killed a lion. Several extraordinary things occurred at his being -nailed, as that he gave himself up without resistance to the cross, and -without complaint stretched out his hands, which were nailed and after -them his feet: he in the meantime looked on, and did not utter a groan, -or change his countenance or move his limbs. I have heard this from one -who witnessed it, and he thus remained till he died, patient and silent, -without wailing, but looking around him to the right and the left upon -the people. But he begged for water, and none was given him, and he -gazed upon it and longed for one drop of it, and he complained of thirst -all the first day, after which he was silent, for God gave him -strength." - -Describing the punishments used in Madagascar, Rev. Mr. Ellis says: "In -a few cases of great enormity, a sort of crucifixion has been resorted -to; and, in addition to this, burning or roasting at a slow fire, kept -at some distance from the sufferer, has completed the horrors of this -miserable death.... In the year 1825, a man was condemned to -crucifixion, who had murdered a female for the sake of stealing her -child. He carried the child for sale to the public market, where the -infant was recognized, and the murderer detected. He bore his punishment -in the most hardened manner, avenging himself by all the violence he was -capable of exercising upon those who dragged him to the place of -execution. Not a single groan escaped him during the period he was -nailed to the wood, nor while the cross was fixed upright in the -earth."[28] - -More horrible still than punishment by crucifixion was that of -impalement and suspension on a hook. The following description of the -execution, in 1830, at Salonica, of Chaban, a captain of banditti, is -given by Slade: "He was described by those who saw him as a very -fine-looking man, about thirty-five. As a preparatory exercise, he was -suspended by his arms for twelve hours. The following day a hook was -thrust into his side, by which he was suspended to a tree, and there -hung enduring the agony of thirst till the third evening, when death -closed the scene; but before that about an hour the birds, already -considering him their own, had alighted upon his brow to pick his eyes. -During this frightful period he uttered no unmanly complaints, only -repeated several times, 'Had I known that I was to suffer this infernal -death, I would never have done what I have. From the moment I led the -klephte's life I had death before my eyes, and was prepared to meet it, -but I expected to die as my predecessors, by decapitation.'"[29] - -_The Cross._--The instrument of crucifixion, called the Cross, was -variously formed. Lipsius and Gretser have employed a twofold -classification: the _crux simplex_, and the _crux composita_ or -_compacta_. A single upright stake was distinguished as a _crux -simplex_. The _crux composita_, the compound or actual cross, was -subject to the following modifications of form: _Crux immissa_, formed -as in the Figure [symbol: Cross]; _crux commissa_ thus formed [symbol: -T-cross]; and the _crux decussata_, the cruciform figure, set diagonally -after the manner of the Roman letter X. It is generally thought that -Jesus was crucified upon the _crux immissa_, the "Latin cross." - -According to the well-known legend of the "Invention of the Cross," the -actual cross on which Jesus was crucified was discovered in the year 326 -A.D. by the Empress Helena, the mother of Constantine the Great. As the -story goes, while visiting Jerusalem and the scenes of the passion, she -was guided to the summit of Calvary by an aged Jew. Here an excavation -was made, and, at a considerable depth, three crosses were found; and, -with them, but lying aside by itself, was the inscription, in Hebrew, -Latin, and Greek, placed above the head of Christ at the time of the -crucifixion. To determine which of the three crosses was the one upon -which Jesus suffered, it was decided, at the suggestion of Macarius, -bishop of Jerusalem, to employ a miracle. The sick were brought and -required to touch the three. According to the legend, the one upon which -the Savior died immediately imparted miraculous healing. A church was at -once built above the excavation and in it was deposited the greater part -of the supposed real cross, and the remainder was sent to Byzantium, and -from there to Rome, where it was placed in the church of Santa Croce in -Gerusalemme, built especially to receive the precious relic. The -genuineness of this relic was afterwards attested by a Bull of Pope -Alexander III. - -In connection with the legend of the discovery of the actual cross upon -which Christ was crucified, goes a secondary story that the nails used -at the crucifixion were also found at the same time and place. Later -tradition declared that one of these was thrown by Helena into the -Adriatic when swept by a terrific storm, and that this was followed by -an instantaneous calm. - -The popular impression among Christians that the cross is exclusively a -Christian religious symbol, seems to be without historical foundation. -It is quite certain, indeed, that it was a religious emblem among -several ancient races before the beginning of the Christian era. - -The ancient Egyptians adored the cross with the most holy veneration; -and this sacred emblem was carved upon many of their monuments. Several -of these monuments may be seen to-day in the British Museum.[30] A cross -upon a Calvary may also be seen upon the breast of one of the Egyptian -mummies in the Museum of the London University.[31] The ancient -Egyptians were accustomed to putting a cross on their sacred cakes, just -as the Christians of to-day do, on Good Friday.[32] - -The cross was also adored by the ancient Greeks and Romans, long before -the crucifixion of Christ. Greek crosses of equal arms adorn the tomb of -Midas, the ancient Phrygian king.[33] One of the early Christian -Fathers, Minucius Felix, in a heated controversy with the pagan Romans, -charged them with adoration of the cross. "As for adoration of the -cross," said he to the Romans, "which you object against us, I must tell -you that we neither adore crosses nor desire them. You it is, ye Pagans, -who worship wooden gods, who are the most likely people to adore wooden -crosses, as being part of the same substance with your deities. For what -else are your ensigns, flags, and standards, but crosses, gilt and -beautiful? Your victorious trophies _not only represent a cross, but a -cross with a man upon it_."[34] - -It also seems that, at a time antedating the early Romans, Etruscans and -Sabines, a primitive race inhabited the plains of Northern Italy, "to -whom the cross was a religious symbol, the sign beneath which they laid -their dead to rest; a people of whom history tells nothing, knowing not -their name; but of whom antiquarian research has learned this, that they -lived in ignorance of the arts of civilization, that they dwelt in -villages built on platforms over lakes, and that they trusted to the -cross to guard, and maybe to revive, their loved ones whom they -committed to the dust." - -The cross was also a sacred symbol among the ancient Scandinavians. "It -occurs," says Mr. R. P. Knight, "on many Runic monuments found in Sweden -and Denmark, which are of an age long anterior to the approach of -Christianity to those countries, and, probably, to its appearance in the -world."[35] - -When the Spanish missionaries first set foot on the soil of Mexico, they -were amazed to find that the Aztecs worshiped the cross as an object of -supreme veneration. They found it suspended as a sacred symbol and an -august emblem from the walls of all the Aztec temples.[36] When they -penetrated farther south and entered Peru, they found that the Incas -adored a cross made out of a single piece of jasper.[37] "It appears," -says "Chambers's Encyclopedia," "that the sign of the cross was in use -as an emblem having certain religious and mystic meanings attached to -it, long before the Christian era; and the Spanish conquerors were -astonished to find it an object of religious veneration among the -nations of Central and South America."[38] - -That the ancient Mexicans should have worshiped the cross and also a -crucified Savior, called Quetzalcoatle,[39] is one of the strangest -phenomena of sacred history. It is a puzzle which the most eminent -theologians have found it impossible to solve. They have generally -contented themselves with declaring the whole thing a myth built upon -primitive superstition and ignorance. This worship of the cross and -Quetzalcoatle was going on before Columbus discovered America, and it -seems impossible to establish any historical or geographical connection -between it and the Christian worship of the cross and the crucified -Jesus. - -Several writers of eminence have contended that the widespread adoration -of the cross, as a sacred symbol, among so many races of mankind, -ancient and modern, proves a universal spiritual impulse, culminating in -the crucifixion of Jesus as the common Savior of the world. "It is more -than a coincidence," says the Rev. S. Baring-Gould, "that Osiris by the -cross should give life eternal to the spirits of the just; that with the -cross Thor should smite the head of the great Serpent, and bring to life -those who were slain; that beneath the cross the Muysca mothers should -lay their babes, trusting to that sign to secure them from the power of -evil spirits; that with that symbol to protect them, the ancient people -of Northern Italy should lay them down in the dust."[40] - -But it is not with the mythical crucifixions of mythical gods that we -have to deal. The real, historical death of Jesus upon the cross with -its accompanying incidents of outrageous illegality is the purpose of -this treatise; and to the accomplishment of that design we now return. - - - - -CHAPTER VI - -ROMAN LAW APPLICABLE TO THE TRIAL OF JESUS - - -_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 Cęsar, 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 -Cęsar--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 CĘSAR (ANTIQUE SCULPTURE)] - -In studying the trial of Jesus and the charge brought against Him, the -reader should constantly remind himself that the crucifixion took place -during the reign of Tiberius Cęsar, a morbid and capricious tyrant, -whose fretful and suspicious temper would kindle into fire at the -slightest suggestion of treason in any quarter. Tacitus records -fifty-two cases of prosecution for treason during his reign. The -enormous development of the law of _majestas_ at this time gave rise to -a class of professional informers, _delatores_, whose infamous activity -against private citizens helped to blacken the name of Tiberius. The -most harmless acts were at times construed into an affront to the -majesty or into an assault upon the safety of this miserable despot. -Cotta Messalinus was prosecuted for treason because it was alleged "that -he had given Caligula the nickname of Caia, as contaminated by incest"; -and again on another charge that he had styled a banquet among the -priests on the birthday of Augusta, a "funeral supper"; and again on -another charge that, while complaining of the influence of Manius -Lepidus and Lucius Arruntius, with whom he had had trouble in court, he -had said that "they indeed will be supported by the senate, but I by my -little Tiberius."[43] - -Manercus Scaurus was prosecuted for treason because he wrote a tragedy -in which were certain lines that might be made to apply in an -uncomplimentary manner to Tiberius. We are told by Dio that this tragedy -was founded on the story of Atreus; and that Tiberius, believing himself -referred to, said, "Since he makes me another Atreus, I will make him an -Ajax," meaning that he would compel him to destroy himself.[44] - -"Nor," says Tacitus, "were even women exempt from danger. With designs -to usurp the government they could not be charged; their tears are -therefore made treason; and Vitia, mother to Fusius Geminus, once -consul, was executed in her old age for bewailing the death of her -son."[45] - -An anecdote taken from Seneca but related in Tacitus, illustrates the -pernicious activity of the political informers of this age. At a banquet -in Rome, one of the guests wore the image of Tiberius on his ring. His -slave, seeing his master intoxicated, took the ring off his finger. An -informer noticed the act, and, later in the evening, insisted that the -owner, to show his contempt of Tiberius, was sitting upon the figure of -the emperor. Whereupon he began to draw up an accusation for high -treason and was getting ready to have it attested by subscribing -witnesses, when the slave took the ring from his own pocket, and thus -demonstrated to the whole company that he had had it in his possession -all the time. These instances fully serve to illustrate the political -tone and temper of the age that witnessed the trial and crucifixion of -Jesus. They also suggest the exceedingly delicate and painful position -of Pilate when sitting in judgment upon the life of a subject of -Tiberius who claimed to be a king. - -It is deemed entirely appropriate, in this place, to discuss a peculiar -phase of the law of treason in its relationship to the trial of Jesus. -It is easily demonstrable that the teachings of Christ were treasonable -under Roman public law. An essential and dominating principle of that -law was that the imperial State had the right to regulate and control -the private consciences of men in religious matters. It was held to be -an attribute of the sovereignty of Rome that she had the right to create -or destroy religions. And the theory of the Roman constitution was that -the exercise of this right was not a religious but a governmental -function. The modern doctrine of the separation of Church and State had -no place in Roman politics at the time of Christ. Tiberius Cęsar, at the -beginning of his reign, definitely adopted the principle of a state -religion, and as Pontifex Maximus, was bound to protect the ancient -Roman worship as a matter of official duty. - -Roman treatment of foreign religions, from first to last, is a most -interesting and fascinating study. Polytheistic above all other nations, -the general policy of the Roman empire was one of toleration. Indeed she -not only tolerated but adopted and absorbed foreign worships into her -own. The Roman religion was a composite of nearly all the religions of -the earth. It was thus natural that the imperial State should be -indulgent in religious matters, since warfare upon foreign faiths would -have been an assault upon integral parts of her own sacred system. It is -historically true that attempts were made from time to time by patriotic -Romans to preserve the old Latin faith in its original purity from -foreign invasion. The introduction of Greek gods was at first vigorously -opposed, but the exquisite beauty of Greek sculpture, the irresistible -influence of Greek literature, and the overwhelming fascination of Greek -myths, finally destroyed this opposition, and placed Apollo and -Ęsculapius in the Roman pantheon beside Jupiter and Minerva. - -At another time the senate declared war on the Egyptian worship which -was gradually making its way into Rome. It had the images of Isis and -Serapis thrown down; but the people set them up again. It decreed that -the temples to these deities should be destroyed, but not a single -workman would lay hands upon them. Ęmilius Paulus, the consul, was -himself forced to seize an ax and break in the doors of the temple. In -spite of this, the worship of Isis and Serapis was soon again practiced -unrestrained at Rome.[46] - -It is further true that Rome showed not only intolerance but mortal -antagonism to Druidism, which was completely annihilated during the -reign of the Emperor Claudius. - -A decree of the Roman senate, during the reign of Tiberius, ordered four -thousand freemen charged with Egyptian and Jewish superstitions out to -Sardinia to fight against and be destroyed by the banditti there, unless -they saw fit to renounce these superstitions within a given time.[47] - -But it must be remembered that these are exceptional cases of -intolerance revealed by Roman history. The general policy of the empire, -on the other hand, was of extreme tolerance and liberality. The keynote -of this policy was that all religions would be tolerated that consented -to live side by side and in peace with all other religions. There was -but one restriction upon and limitation of this principle, that foreign -religions would be tolerated only in their local seats, or, at most, -among the races in which such religions were native. The fact that the -worship of Serapis was left undisturbed on the banks of the Nile, did -not mean that the same worship would be tolerated on the banks of the -Tiber. An express authorization by Rome was necessary for this purpose. -Said authorization made said worship a _religio licita_. And the -peregrini, or foreigners in Rome, were thus permitted to erect their own -altars, and to assemble for the purpose of worshiping their own gods -which they had brought with them. The reverse side of this general -principle of religious tolerance shows that Roman citizens were not only -permitted but required to carry the Roman faith with them throughout the -world. Upon them, the Roman state religion was absolutely binding; and -for all the balance of the world it was the dominant cult. "The -provinces," says Renan, "were entirely free to adhere to their own -rights, on the sole condition of not interfering with those of others." -"Such toleration or indifference, however," says Döllinger, "found its -own limits at once whenever the doctrine taught had a practical bearing -on society, interfered with the worship of the state gods, or confronted -their worship with one of its own; as well as when a strange god and -_cultus_ assumed a hostile attitude toward Roman gods, could be brought -into no affinity or corporate relation with them, and would not bend to -the supremacy of Jupiter Capitolinus." - -Now, the principles declared by Renan and Döllinger are fundamental and -pointed in the matter of the relationship between the teachings of Jesus -and the theory of treason under Roman law. These principles were -essential elements of Roman public law, and an attempt to destroy them -was an act of treason under the definitions of both Ulpian and Cicero. -The Roman constitution required that a foreign religion, as a condition -of its very existence, should live in peace with its neighbors; that it -should not make war upon or seek to destroy other religions; and that it -should acknowledge the dominance and superior character of the imperial -religion. All these things Jesus refused to do, as did his followers -after Him. The Jews, it is true, had done the same thing, but their -nationality and lack of aggressiveness saved them until the destruction -of Jerusalem. But Christianity was essentially aggressive and -proselytizing. It sought to supplant and destroy all other religions. No -compromises were proposed, no treaties concluded. The followers of the -Nazarene raised a black flag against paganism and every heathen god. -Their strange faith not only defied all other religions, but mocked all -earthly government not built upon it. Their propaganda was nothing less -than a challenge to the Roman empire in the affairs of both law and -religion. Here was a faith which claimed to be the only true religion; -that proclaimed a monotheistic message which was death to polytheism; -and that refused to be confined within local limits. Here was a -religion that scorned an authorization from Rome to worship its god and -prophet; a religion that demanded acceptance and obedience from all the -world--from Roman and Greek, as well as Jew and Egyptian. This scorn and -this demand were an affront to the dignity and a challenge to the laws -of the Roman Commonwealth. Such conduct was treason against the -constitution of the empire. - -"The substance of what the Romans did," says Sir James Fitz-James -Stephen, "was to treat Christianity by fits and starts as a crime."[48] -But why a crime? Because the Roman religion, built upon polytheism, was -an integral and inseparable part of the Roman State, and whatever -menaced the life of the one, threatened the existence of the other. The -Romans regarded their religion as "an engine of state which could not be -shaken without the utmost danger to their civil government." Cicero -further says: "The institutions of the fathers must be defended; it is -the part of wisdom to hold fast the sacred rites and ceremonies."[49] -Roman statesmen were fully aware of the truthfulness of the statement of -a modern writer that, "wherever the religion of any state falls into -disregard and contempt it is impossible for that state to subsist long." -Now, Christianity was monotheistic, and threatened destruction to -polytheism everywhere. And the Romans treated it as a crime because it -was regarded as a form of seditious atheism whose teachings and -principles were destructive of the established order of things. The -Roman conception of the nature of the crime committed by an attack upon -the national religion is well illustrated by the following sentence from -Döllinger: "If an opinion unfavorable to the apotheosis of any member of -the imperial dynasty happened to be dropped, it was dangerous in itself -as falling within the purview of the law of high treason; and so it fell -out in the case of Thrasea Pętus, who refused to believe in the -deification of Poppęa." If it was high treason to refuse to believe in -the deification of an emperor or an empress, what other crime could be -imputed to him whose design was to destroy an entire religious system, -and to pile all the gods and goddesses--Juno and Poppęa, Jupiter and -Augustus--in common ruin? - -From the foregoing, it may be readily seen that it is impossible to -appreciate the legal aspects of the trial of Jesus before Pilate, unless -it is constantly kept in mind that the Roman constitution, which was -binding upon the whole empire, reserved to the state the right to permit -or forbid the existence of new religious faiths and the exercise of -rights of conscience in religious matters. Rome was perfectly willing to -tolerate all religions as long as they were peaceful and passive in -their relations with other religions. But when a new and aggressive -faith appeared upon the scene, proclaiming the strange dogma that there -was but one name under heaven whereby men might be saved, and demanding -that every knee bow at the mention of that name, and threatening -damnation upon all who refused, the majesty of Roman law felt itself -insulted and outraged; and persecution, torture, and death were the -inevitable result. The best and wisest of the Roman emperors, Trajan -and the Antonines, devoted to the ax or condemned to crucifixion the -early Christians, not because Christianity was spiritually false, but -because it was aggressive and intolerant, and they believed its -destruction necessary to the maintenance of the supremacy and -sovereignty of the Roman State. - -An interesting correspondence between Pliny and Trajan, while the former -was governor of Bithynia, reveals the Roman conception of and attitude -toward Christianity. Pliny wrote to Trajan: "In the meanwhile, the -method I have observed toward those who have been brought before me as -Christians is this: I asked them whether they were Christians; if they -admitted it, I repeated the question twice, and threatened them with -punishment; if they persisted, I ordered them to be at once punished, -for I was persuaded, whatever the nature of their opinions might be, a -contumacious and inflexible obstinacy certainly deserved correction. -There were others also brought before me possessed with the same -infatuation, but being Roman citizens, I directed them to be sent to -Rome." - -To this, Trajan replied: "You have adopted the right course, my dearest -Secundus, in investigating the charges against the Christians who were -brought before you. It is not possible to lay down any general rule for -all such cases. Do not go out of your way to look for them. If, indeed, -they should be brought before you, and the crime is proved, they must be -punished; with the restriction, however, that where the party denies he -is a Christian, and shall make it evident he is not, by invoking our -gods, let him (notwithstanding any former suspicion) be pardoned upon -his repentance."[50] Here the magnanimous Trajan called Christianity a -crime, and this was the popular Roman conception of it during the first -two centuries of its existence. - -Now, it is true that Christianity was not on trial before Pilate; but -the Author of Christianity was. And the same legal principles were -extant and applicable that afterwards brought the Roman State and the -followers of the Nazarene into mortal conflict. For the prisoner who now -stood before the procurator to answer the charge of high treason -asserted substantially the same claims and proclaimed the same doctrines -that afterwards caused Rome to devote His adherents to flames and to -wild beasts in the amphitheater. The record does not disclose that -Pilate became fully acquainted at the trial of Jesus with His claims and -doctrines. On the other hand, it is clear that he became convinced that -the claim of Jesus to be "Christ a King" was not a pretension to earthly -sovereignty. But, nevertheless, whatever might have been the information -or the notions of the deputy of Tiberius, the teachings of Jesus were -inconsistent and incompatible with the public law of the Roman State. -Pilate was not necessarily called upon to enforce this law, since it was -frequently the duty of Roman governors, as intimated by Trajan in his -letter to Pliny, to exercise leniency in dealing with religious -delinquents. - -To summarize, then: it may be said that the Roman law applicable to the -trial of Jesus was the _lex Julia Majestatis_, interpreted either in the -light of claims to actual kingship made by Jesus, or to kingship of a -religious realm whose character and existence were a menace to the -religion and laws of Rome. In the light of the evidence adduced at the -hearing before Pilate, these legal principles become mere abstract -propositions, since there seems to have been neither necessity nor -attempt to enforce them; but they were in existence, nevertheless, and -were directly applicable to the trial of Jesus. - - - - -[Illustration: PONTIUS PILATE (MUNKACSY)] - - - - -CHAPTER VII - -PONTIUS PILATE - - -_His Name._--The pręnomen or first name of Pilate is not known. Rosadi -calls him Lucius, but upon what authority is not stated. His nomen or -family name indicates that he was connected either by descent or by -adoption with the gens of the Pontii, a tribe first made famous in Roman -history in the person and achievements of C. Pontius Telesinus, the -great Samnite general. A German legend, however, offers another -explanation. According to this story, Pilate was the natural son of -Tyrus, King of Mayence. His father sent him to Rome as a hostage, and -there he was guilty of murder. Afterwards he was sent to Pontus, where -he distinguished himself by subduing certain barbarian tribes. In -recognition of his services, it is said, he received the name Pontius. -But this account is a pure fabrication. It is possible that it was -invented by the 22d legion, which was assigned to Palestine at the time -of the destruction of Jerusalem, and was afterwards stationed at -Mayence. The soldiers of this legion might have been "either the bearers -of this tradition or the inventors of the fable." - -It is historically almost certain that Pilate was a native of Seville, -one of the cities of Bętic Spain that enjoyed rights of Roman -citizenship. In the war of annihilation waged by Agrippa against the -Cantabrians, the father of Pilate, Marcus Pontius, acquired fame as a -general on the side of Rome. He seems to have been a renegade to the -cause of the Spaniards, his countrymen. And when Spain had been -conquered by Rome, as a reward for service, and as a mark of -distinction, he received the pilum (javelin), and from this fact his -family took the name of Pilati. This is the common explanation of the -origin of the cognomen Pilatus. - -Others have sought to derive the word Pilate from _pileatus_, which, -among the Romans, was the cap worn as a badge of servitude by manumitted -slaves. This derivation would make Pontius Pilate a _libertus_, or the -descendant of one. - -Of his youth, very little is known. But it is believed that, after -leaving Spain, he entered the suite of Germanicus on the Rhine and -served through the German campaigns; and that, when peace was concluded, -he went to Rome in search of fortune and in pursuit of pleasure. - -_His Marriage._--Soon after his arrival in Rome, Pilate was married to -Claudia, the youngest daughter of Julia, the daughter of Augustus. Julia -was a woman of the most dissolute and reckless habits. According to -Suetonius, nothing so embittered the life of the Roman emperor as the -shameful conduct of the mother of the wife of the procurator of Judea. -He had reared her with the utmost care, had accustomed her to domestic -employments such as knitting and spinning, and had sought to inculcate -principles of purity and nobility of soul by requiring her to speak and -act openly before the family, that everything which was said and done -might be put down in a diary. His guardianship of the attentions paid -her by young men was so strict that he once wrote a letter to Lucius -Vinicius, a handsome young man of good family, in which he said: "You -have not behaved very modestly, in making a visit to my daughter at -Baię." Notwithstanding this good training, Julia became one of the -lewdest and coarsest women in Rome. Augustus married her first to -Marcellus; then, after the death of Marcellus, to Marcus Agrippa; and, -finally, to Tiberius. But in spite of the noble matches that had been -made for her, her lewdness and debaucheries became so notorious that -Augustus was compelled to banish her from Rome. It is said that he was -so much ashamed of her infamous conduct that for a long time he avoided -all company, and even had thoughts of putting her to death. His sorrow -and humiliation are shown from the circumstance that when one Phoebe, -a freedwoman and confidante of hers, hanged herself about the time the -decree of banishment was passed by the senate, he said: "I had rather be -the father of Phoebe than of Julia." And whenever the name of Julia -was mentioned to him, during her exile, Augustus was wont to exclaim: -"Would I were wifeless, or had childless died."[51] - -Such was the character of Julia, mother-in-law of Pilate. In exile, she -bore Claudia to a Roman knight. In her fifteenth year, the young girl -met the Spaniard in Rome and was courted by him. Nothing better -illustrates the character of Pilate than his union with this woman with -whose origin and bringing up he was well acquainted. It was a servile -and lustful rather than a noble and affectionate eye which he cast upon -her. Having won the favor of Tiberius and the consent of Claudia, the -marriage was consummated. After the nuptial rites, tradition has it that -Pilate desired to follow the bride in the imperial litter; but Tiberius, -who had acted as one of the twelve witnesses required by the law, forced -him back, and drawing a paper from his bosom, handed it to him and -passed on. This paper contained his commission as procurator of Judea; -and the real object of the suit paid to Claudia was attained. - -Pilate proceeded at once to Cęsarea, the headquarters of the government -of his province. His wife, who had been left behind, joined him -afterwards. Cęsar's permission to do this was a most gracious -concession, as it was not generally allowed that governors of provinces -should take their wives with them. At first it was positively forbidden. -But afterwards a _senatus consult_, which is embodied in the Justinian -text, declared it better that the wives of proconsuls and procurators -should not go with them, but ordaining that said officials might take -their wives with them provided they made themselves personally -responsible for any transgressions on their part. Notwithstanding the -numerous restrictions of Roman law and custom, it is very evident that -the wives of Roman officers frequently accompanied them to the -provinces. From Tacitus we learn that at the time of the death of -Augustus, Germanicus had his wife Agrippina with him in Germany; and -afterwards, in the beginning of the reign of Tiberius, she was also with -him in the East. Piso, the pręfect of Syria, took his wife with him at -the same time. These facts are historical corroborations of the Gospel -accounts of the presence of Claudia in Jerusalem at the time of the -crucifixion and of her warning dream to Pilate concerning the fate of -the Master. - -_His Procuratorship._--Pontius Pilate was the sixth procurator of Judea. -Sabinus, Coponius, Ambivus, Rufus, and Gratus had preceded him in the -government of the province. Pilate's connection with the trial and -crucifixion of Jesus will be dealt with in succeeding chapters of this -volume. Only the chief acts of his public administration, in a purely -political capacity, will be noticed here. One of the first of these acts -serves well to illustrate the reckless and tactless character of the -man. His predecessors in office had exercised great care in the matter -of the religious prejudices of the Jews. They had studiously avoided -exhibiting flags and other emblems bearing images of the emperor that -might offend the sacred sentiments of the native population. Even -Vitellius, the legate of Syria, when he was marching against the Arabian -king Aretas, ordered his troops not to carry their standards into Jewish -territory, but to march around it. Pilate, on the other hand, in -defiance of precedent and policy, caused the garrison soldiers of -Jerusalem to enter the city by night carrying aloft their standards, -blazoned with the images of Tiberius. The news of this outrage threw the -Jews into wild excitement. The people in great numbers flocked down to -Cęsarea, where Pilate was still stopping, and begged him to remove the -standards. Pilate refused; and for five days the discussion went on. At -last he became enraged, summoned the people into the race course, had -them surrounded by a detachment of soldiers, and served notice upon them -that he would have them put to death if they did not become quiet and -disperse. But, not in the least dismayed, they threw themselves upon the -ground, laid bare their necks, and, in their turn, served notice upon -Pilate that they, the children of Abraham, would rather die, and that -they would die, before they would willingly see the Holy City defiled. -The result was that Pilate finally yielded, and had the standards and -images withdrawn from Jerusalem. Such was the Roman procurator and such -the people with whom he had to deal. Thus the very first act of his -procuratorship was a blunder which embarrassed his whole subsequent -career. - -A new storm burst forth when, on another occasion, Pilate appropriated -funds from the Corban or sacred treasury to complete an aqueduct for -bringing water to Jerusalem from the "Pools of Solomon." This was -certainly a most useful enterprise; and, ordinarily, would speak well -for the statesmanship and administrative ability of the procurator. But, -in this instance, it was only another exhibition of tactless behavior in -dealing with a stubborn and peculiar people. The Jews had a very great -reverence for whatever was set apart for the Corban, and they considered -it a form of awful impiety to devote its funds to secular purposes. -Pilate, we must assume, was well acquainted with their religious -scruples in this regard, and his open defiance of their prejudices was -an illustration not of courage, but of weakness in administrative -matters. Moreover, his final conduct in the matter of the aqueduct -revealed a malignant quality in the temper of the man. On one occasion -when he was getting ready to go to Jerusalem to supervise the building -of this work, he learned that the people would again importune him, as -in the case of the standards and the images. He then deliberately caused -some of his soldiers to be disguised as Jewish citizens, had them armed -with clubs and daggers, which they carried concealed beneath their upper -garments; and when the multitude approached him to make complaints and -to present their petitions, he gave a preconcerted signal, at which the -assassins beat down and cut to pieces great numbers of the helpless -crowds. Pilate was victorious in this matter; for the opposition to the -building of the aqueduct was thus crushed in a most bloody manner. But -hatred against Pilate was stirred up afresh and intensified in the -hearts of the Jews. - -A third act of defiance of the religious prejudices of the inhabitants -of Jerusalem illustrates not only the obstinacy but the stupidity as -well of the deputy of Cęsar in Judea. In the face of his previous -experiences, he insisted on hanging up in Herod's palace certain gilt -shields dedicated to Tiberius. The Jews remonstrated with him in vain -for this new outrage upon their national feelings. They were all the -more indignant because they believed that he had done it, "less for the -honor of Tiberius than for the annoyance of the Jewish people." Upon the -refusal of Pilate to remove the shields, a petition signed by the -leading men of the nation, among whom were the four sons of Herod, was -addressed to the emperor, asking for the removal of the offensive -decorations. Tiberius granted the request and the shields were taken -from Jerusalem and deposited in the temple of Augustus at Cęsarea--"And -thus were preserved both the honor of the emperor and the ancient -customs of the city."[52] - -The instances above cited are recounted in the works of Josephus[53] and -Philo. But the New Testament also contains intimations that Pilate was a -cruel and reckless governor in his dealings with the Jews. According to -St. Luke xiii. 1: "There were present at that season some that told him -of the Galileans, whose blood Pilate had mingled with their sacrifices." -Nothing definite is known of this incident mentioned by the Evangelist. -But it probably refers to the fact that Pilate had put to the sword a -number of Galileans while they were offering their sacrifices at -Jerusalem. - -_His Character._--The estimates of the character of Pilate are as varied -as the races and creeds of men. Both Josephus and Philo have handed down -to posterity a very ugly picture of the sixth Roman procurator of -Judea. Philo charges him with "corruptibility, violence, robberies, -ill-treatment of the people, grievances, continuous executions without -even the form of a trial, endless and intolerable cruelties." If we were -to stop with this, we should have a very poor impression of the deputy -of Tiberius; and, indeed at best, we can never either admire or love -him. But there is a tender and even pathetic side to the character of -Pilate, which is revealed to us by the Evangelists of the New Testament. -The pure-hearted, gentle-minded authors of the Gospels, in whose -writings there is not even a tinge of bitterness or resentment, have -restored "for us the man within the governor, with a delicacy, and even -tenderness, which make the accusing portrait of Philo and Josephus look -like a hard, revengeful daub." Instead of painting him as a monster, -they have linked conscience to his character and placed mercy in his -heart, by their accounts of his repeated attempts to release Jesus. The -extreme of pity and of pathos, derived from these exquisitely merciful -side touches of the gentle biographers of the Christ, is manifested in -the opinion of Tertullian that Pilate was virtually a Christian at -heart.[54] - -A further manifestation is the fact that the Abyssinian Church of -Christians has canonized him and placed his name in the calendar on June -25th. - -A still further revelation of this spirit of regarding Pilate merely as -a sacred instrument in the hands of God is shown by the Apocryphal -Gospel of Nicodemus which speaks of him as "uncircumcised in flesh but -circumcised in heart." - -Renan has called him a good administrator, and has sought to condone his -brutal treatment of the Jews by pointing to the necessity of vigorous -action in dealing with a turbulent and fanatical race. But the combined -efforts of both sacred and secular apologists are still not sufficient -to save the name of Pilate from the scorn and reprobation of mankind. -That he was not a bad man in the worst sense of the term is manifest -from the teachings of the Gospel narratives. To believe that he was -wholly without conscience is to repudiate the revelations of these -sacred writings. Of wanton cruelty and gratuitous wickedness, he was -perhaps incapable. But the circumstances of his birth and breeding; his -descent from a renegade father; his adventurous life in the army of -Germanicus; his contact with and absorption of the skepticism and -debauchery of Rome; his marriage to a woman of questionable virtue whose -mother was notoriously coarse and lewd--all these things had given -coloring to the character of Pilate and had stricken with inward -paralysis the moral fiber of his manhood. And now, in the supreme moment -of his life and of history, from his nerveless grasp fell the reins of -fate and fortune that destiny had placed within his hands. Called upon -to play a leading rōle in the mighty drama of the universe, his craven -cowardice made him a pitiable and contemptible figure. A splendid -example this, the conduct of Pilate, for the youth of the world, not to -imitate but to shun! Let the young men of America and of all the earth -remember that a crisis is allotted to every life. It may be a great one -or a small one, but it will come either invited or unbidden. The sublime -courage of the soul does not avoid, but seeks this crisis. The bravest -and most holy aspirations leap at times like angels from the temple of -the brain to the highest heaven. Never a physician who does not long for -the skill that discovers a remedy for disease and that will make him a -Pasteur or a Koch; never a poet that does not beseech the muse to -inspire him to write a Hamlet or a Faust; never a general of armies who -would not fight an Austerlitz battle. Every ambitious soul fervently -prays for strength, when the great crisis comes, to swing the hammer of -the Cyclop with the arm of the Titan. Let the young aspirant for the -glories of the earth and the rewards of heaven remember that youth is -the time for the formation of that courage and the gathering of that -strength of which victory is born. Let him remember that if he degrades -his physical and spiritual manhood in early life, the coming of the -great day of his existence will make him another Pilate--cringing, -crouching, and contemptible. - -The true character of the Roman judge of Jesus is thus very tersely -given by Dr. Ellicott: "A thorough and complete type of the later Roman -man of the world: stern, but not relentless; shrewd and worldworn, -prompt and practical, haughtily just, and yet, as the early writers -correctly perceived, self-seeking and cowardly; able to perceive what -was right, but without moral strength to follow it out."[55] - -_His End._--Pilate's utter recklessness was the final cause of his -undoing. It was an old belief among the Samaritans that Moses buried the -sacred vessels of the temple on Mt. Gerizim. An impostor, a sort of -pseudo-prophet, promised the people that if they would assemble on the -top of the mountain, he would unearth the holy utensils in their -presence. The simple-minded Samaritans assembled in great numbers at the -foot of the Mount, and there preparing to ascend, when Pilate on the -pretense that they were revolutionists, intercepted them with a strong -force of horse and foot. Those who did not immediately submit were -either slain or put to flight. The most notable among the captives were -put to death. The Samaritans at once complained to Vitellius, the legate -in Syria at that time. Vitellius at once turned over the administration -of Judea to Marcellus and ordered Pilate to leave for Rome in order to -give an account to the emperor of the charges brought against him by the -Jews.[56] Before he arrived in Italy, Tiberius had died; but Pilate -never returned to the province over which he had ruled during ten bloody -and eventful years. - -"_Paradosis Pilati._"--The death of Pilate is clouded in mystery and -legend. Where and when he died is not known. Two apocryphal accounts are -interesting, though false and ridiculous. According to one legend, the -"Paradosis Pilati," the emperor Tiberius, startled and terrified at the -universal darkness that had fallen on the Roman world at the hour of the -crucifixion, summoned Pilate to Rome to answer for having caused it. He -was found guilty and condemned to death; but before he was executed, he -prayed to Jesus that he might not be destroyed in eternity with the -wicked Jews, and pleaded ignorance as an excuse for having delivered the -Christ to be crucified. A voice from heaven answered his prayer, and -assured him that all generations would call him blessed, and that he -should be a witness for Christ at his second coming to judge the Twelve -Tribes of Israel. He was then executed; an angel, according to the -legend, received his head; and his wife died from joy and was buried -with him. - -"_Mors Pilati._"--According to another legend, the "Mors Pilati," -Tiberius had heard of the miracles of healing wrought by Jesus in Judea. -He ordered Pilate to conduct to Rome the man possessed of such divine -power. But Pilate was forced to confess that he had crucified the -miracle worker. The messenger sent by Tiberius met Veronica who gave him -the cloth that had received the impress of the divine features. This was -taken to Rome and given to the emperor, who was restored to health by -it. Pilate was summoned immediately to stand trial for the execution of -the Christ. He presented himself wearing the holy tunic. This acted as a -charm upon the emperor, who temporarily relented. After a time, however, -Pilate was thrown into prison, where he committed suicide. His body was -thrown into the Tiber. Storms and tempests immediately followed, and the -Romans were compelled to take out the corpse and send it to Vienne, -where it was cast into the Rhone. But as the storms and tempests came -again, the body was again removed and sent to Lucerne, where it was sunk -in a deep pool, surrounded by mountains on all sides. Even then, it is -said, the water of the pool began to boil and bubble strangely. - -This tradition must have had its origin in an early attempt to connect -the name of Pilate with Mt. Pilatus that overlooks Lake Lucerne. Another -legend connected with this mountain is that Pilate sought to find an -asylum from his sorrows in its shadows and recesses; that, after -spending years in remorse and despair, wandering up and down its sides, -he plunged into the dismal lake which occupies its summit. In times -past, popular superstition was wont to relate how "a form is often seen -to emerge from the gloomy waters, and go through the action of washing -his hands; and when he does so, dark clouds of mist gather first round -the bosom of the Infernal Lake (such as it has been styled of old) and -then wrapping the whole upper part of the mountain in darkness, presage -a tempest or hurricane which is sure to follow in a short space."[57] - -The superstitious Swiss believed for many centuries that if a stone were -thrown into the lake a violent storm would follow. For many years no one -was permitted to visit it without special authority from the officers of -Lucerne. The neighboring shepherds bound themselves by a solemn oath, -which they renewed annually, never to guide a stranger to it.[58] The -strange spell was broken, however, and the legend exploded in 1584, -when Johannes Müller, curé of Lucerne, was bold enough to throw stones -into the lake, and to stand by complacently to await the -consequences.[59] - - - - -CHAPTER VIII - -JESUS BEFORE PILATE - - -At the close of their trial, according to Matthew[60] and Mark,[61] the -high priest and the entire Sanhedrin led Jesus away to the tribunal of -the Roman governor. It was early morning, probably between six and seven -o'clock, when the accusing multitude moved from the judgment seat of -Caiaphas to the Prętorium of Pilate. Oriental labor anticipates the day -because of the excessive heat of noon; and, at daybreak, Eastern life is -all astir. To accommodate the people and to enjoy the repose of midday, -Roman governors, Suetonius tells us, mounted the _bema_ at sunrise. The -location of the judgment hall of Pilate in Jerusalem is not certainly -known. It may have been in the Castle of Antonia, a frowning fortress -that overlooked the Temple and its courts. Much more probably, however, -it was the magnificent palace of Herod, situated in the northwest -quarter of the city. This probability is heightened by the fact that it -was a custom born of both pride and pleasure, for Roman procurators and -proconsuls to occupy the splendid edifices of the local kings. The -Roman proprętor of Sicily dwelt in the Castle of King Hiero; and it is -reasonable to suppose that Pilate would have passed his time while at -Jerusalem in the palace of Herod. This building was frequently called -the "King's Castle," sometimes was styled the "Prętorium," and was often -given the mixed name of "Herod's Prętorium." But, by whatever name -known, it was of gorgeous architecture and magnificent proportions. Keim -describes it as "a tyrant's stronghold and in part a fairy -pleasure-house." A wall thirty cubits high completely encircled the -buildings of the palace. Beautiful white towers crowned this wall at -regular intervals. Three of these were named in honor of Mariamne, the -wife; Hippicus, the friend; and Phasęlus, the brother of the king. -Within the inclosure of the wall, a small army could have been -garrisoned. The floors and ceilings of the palace were decorated and -adorned with the finest woods and precious stones. Projecting from the -main building were two colossal marble wings, named for two Roman -imperial friends, the Cęsareum and the Ęgrippeum. To a person standing -in one of the towers, a magnificent prospect opened to the view. -Surrounding the castle walls were beautiful green parks, intercepted -with broad walks and deep canals. Here and there splashing fountains -gushed from brazen mouths. A hundred dovecots, scattered about the -basins and filled with cooing and fluttering inmates, lent charm and -animation to the scene. And to crown the whole, was the splendid -panorama of Jerusalem stretching away among the hills and valleys. Such -was the residence of the Roman knight who at this time ruled Judea. And -yet, with all its regal splendor and magnificence, he inhabited it only -a few weeks in each year. The Jewish metropolis had no fascination -whatever for the tastes and accomplishments of Pilate. "The saddest -region in the world," says Renan, who had been imbued, from long -residence there, with its melancholy character, "is perhaps that which -surrounds Jerusalem." "To the Spaniard," says Rosadi, "who had come to -Jerusalem, by way of Rome, and who was also of courtly origin, there -could have been nothing pleasing in the parched, arid and colorless -nature of Palestine, much less in the humble, mystic, out-at-elbows -existence of its people. Their superstition, which would have nothing of -Roman idolatry, which was their sole belief, their all, appeared to him -a reasonable explanation, and a legitimate one, of their disdain and -opposition. He therefore detested the Jews, and his detestation was -fully reciprocated." It is not surprising, then, that he preferred to -reside at Cęsarea by the sea where were present Roman modes of thought -and forms of life. He visited Jerusalem as a matter of official duty, -"during the festivals, and particularly at Easter with its dreaded -inspirations of the Jewish longing for freedom, which the festival, the -air of spring and the great rendezvous of the nation, charmed into -activity." In keeping with this custom, Pilate was now in the Jewish -Capital on the occasion of the feast of the Passover. - -Having condemned Him to death themselves, the Sanhedrin judges were -compelled to lead Jesus away to the Prętorium of the Roman governor to -see what he had to say about the case; whether he would reverse or -affirm the condemnation which they had pronounced. Between dawn and -sunrise, they were at the palace gates. Here they were compelled to -halt. The Passover had commenced, and to enter the procurator's palace -at such a time was to incur Levitic contamination. A dozen judicial -blunders had marked the proceedings of their own trial in the palace of -Caiaphas. And yet they hesitated to violate a purely ritual regulation -in the matter of ceremonial defilement. This regulation was a -prohibition to eat fermented food during the Passover Feast, and was -sacred to the memory of the great deliverance from Egyptian bondage when -the children of Israel, in their flight, had no time to ferment their -dough and were compelled to consume it before it had been leavened. -Their purposes and scruples were announced to Pilate; and, in a spirit -of gracious and politic condescension, he removed the difficulty by -coming out to meet them. But this action was really neither an -inconvenience nor a condescension; for it was usual to conduct Roman -trials in the open air. Publicity was characteristic of all Roman -criminal proceedings. And, in obedience to this principle, we find that -the proconsul of Achaia at Corinth, the city magistrates in Macedonia, -and the procurators at Cęsarea and Jerusalem, erected their tribunals in -the most conspicuous public places, such as the market, the race course, -and even upon the open highway.[62] An example directly in point is, -moreover, that of the procurator Florus who caused his judgment seat to -be raised in front of the palace of Herod, A.D. 66, and, enthroned -thereon, received the great men of Jerusalem who came to see him and -gathered around his tribunal. To the same place, according to Josephus, -the Jewish queen Bernice came barefoot and suppliant to ask favors of -Florus.[63] The act of Pilate in emerging from the palace to meet the -Jews was, therefore, in exact compliance with Roman custom. His judgment -seat was doubtless raised immediately in front of the entrance and -between the great marble wings of the palace. Pilate's tribune or _bema_ -was located in this space on the elevated spot called Gabaatha, an -Aramaic word signifying an eminence, a "hump." The same place in Greek -was called Lithostroton, and signified "The Pavement," because it was -laid with Roman marble mosaic. The location on an eminence was in -accordance with a maxim of Roman law that all criminal trials should be -directed from a raised tribunal where everybody could see and understand -what was being said and done. The ivory curule chair of the procurator, -or perhaps the ancient golden royal chair of Archelaus was placed upon -the tessellated pavement and was designed for the use of the governor. -As a general thing, there was sitting room on the tribunal for the -assessors, the accusers and the accused. But such courtesies and -conveniences were not extended to the despised subjects of Judea; and -Jesus, as well as the members of the Sanhedrin, was compelled to stand. -The Latin language was the official tongue of the Roman empire, and was -generally used in the administration of justice. But at the trial of -Jesus it is believed that the Greek language was the medium of -communication. Jesus had doubtless become acquainted with Greek in -Galilee and probably replied to Pilate in that tongue. This is the -opinion, at least, of both Keim[64] and Geikie.[65] The former asserts -that there was no interpreter called at the trial of Christ. It is also -reasonably certain that no special orator like Tertullus, who informed -the governor against Paul, was present to accuse Jesus.[66] Doubtless -Caiaphas the high priest played this important rōle. - -When Pilate had mounted the _bema_, and order had been restored, he -asked: - -"What accusation bring ye against this man?" - -This question is keenly suggestive of the presence of a judge and of the -beginning of a solemn judicial proceeding. Every word rings with Roman -authority and administrative capacity. The suggestion is also prominent -that accusation was a more important element in Roman criminal trials -than inquisition. This suggestion is reėnforced by actual _dictum_ from -the lips of Pilate's successor in the same place: "It is not the manner -of the Romans to deliver any man to die, before that he which is accused -have the accusers face to face, and have license to answer for himself -concerning the crime laid against him."[67] - -The chief priests and scribes sought to evade this question by -answering: - -"If he were not a malefactor, we would not have delivered him up unto -thee."[68] - -They meant by this that they desired the procurator to waive his right -to retry the case; accept their trial as conclusive; and content himself -with the mere execution of the sentence. In this reply of the priests to -the initial question of the Roman judge, is also revealed the further -question of that conflict of jurisdiction between Jews and Romans that -we have already so fully discussed. "If he were not a malefactor, we -would not have delivered him up unto thee." These words from the mouths -of the priests were intended to convey to the mind of Pilate the Jewish -notion that a judgment by the Sanhedrin was all-sufficient; and that -they merely needed his countersign to justify execution. But Pilate did -not take the hint or view the question in that light. In a tone of -contemptuous scorn he simply replied: - -"Take ye him, and judge him according to your law." - -This answer indicates that Pilate did not, at first, understand the -exact nature of the proceedings against Jesus. He evidently did not know -that the prisoner had been charged with a capital offense; else he would -not have suggested that the Jews take jurisdiction of the matter. This -is clearly shown from the further reply of the priestly accusers: - -"It is not lawful for us to put any man to death."[69] - -The advice of Pilate and the retort of the Jews have been construed in -two ways. A certain class of critics have contended that the procurator -granted to the Jews in this instance the right to carry out capital -punishment, as others have maintained was the case in the execution of -Stephen. This construction argues that Pilate knew at once the nature of -the accusation. - -Another class of writers contend that the governor, by this language, -merely proposed to them one of the minor penalties which they were -already empowered to execute. The objection to the first interpretation -is that the Jews would have been delighted to have such power conferred -upon them, and would have exercised it; unless it is true, as has been -held, that they were desirous of throwing the odium of Christ's death -upon the Romans. The second construction is entirely admissible, because -it is consonant with the theory that jurisdiction in capital cases had -been withdrawn from the Sanhedrin, but that the trial and punishment of -petty offenses still remained with it. A third and more reasonable -interpretation still is that when Pilate said, "Take ye him and judge -him according to your law," he intended to give expression to the hatred -and bitterness of his cynical and sarcastic soul. He despised the Jews -most heartily, and he knew that they hated him. He had repeatedly -outraged their religious feelings by introducing images and shields into -the Holy City. He had devoted the Corban funds to unhallowed purposes, -and had mingled the blood of the Galileans with their sacrifices. In -short, he had left nothing undone to humiliate and degrade them. Now -here was another opportunity. By telling them to judge Jesus according -to their own laws, he knew that they must make a reply which would be -wounding and galling to their race and national pride. He knew that they -would have to confess that sovereignty and nationality were gone from -them. Such a confession from them would be music to his ear. The -substance of his advice to the Jews was to exercise their rights to a -certain point, to the moment of condemnation; but to stop at the place -where their sweetest desires would be gratified with the exercise of the -rights of sovereignty and nationality. - -Modern poetry supports this interpretation of ancient history. "The -Merchant of Venice" reveals the same method of heaping ridicule upon a -Jew by making him impotent to execute the law. Shylock, the Jew, in -contracting a usurious loan, inserted a stipulation that if the debt -should not be paid when due, the debtor must allow a pound of flesh to -be cut from his body. The debt was not discharged at the maturity of the -bond, and Shylock made application to the Doge to have the pound of -human flesh delivered to him in accordance with the compact. But Portia, -a friend of the debtor, though a woman, assumed the garb and affected -the speech of a lawyer in his defense; and, in pleading the case, called -tauntingly and exultingly to the Jew: - - This bond doth give thee here no jot of blood; - The words expressly are, a pound of flesh: - Take then thy bond, take thou thy pound of flesh; - But, in the cutting it, if thou dost shed - One drop of Christian blood, thy lands and goods - Are by the laws of Venice confiscate - Unto the State of Venice.[70] - -But whatever special interpretation may be placed upon the opening words -passed between the priestly accusers and the Roman judge, it is clearly -evident that the latter did not intend to surrender to the former the -right to impose and execute a sentence of death. The substance of -Pilate's address to the Jews, when they sought to evade his question -concerning the accusation which they had to bring against Jesus, was -this: I have asked for a specific charge against the man whom you have -brought bound to me. You have given not a direct, but an equivocal -answer. I infer that the crime with which you charge him is one against -your own laws. With such offenses I do not wish to meddle. Therefore, I -say unto you: "Take ye him and judge him according to your law." If I am -not to know the specific charge against him, I will not assume -cognizance of the case. If the accusation and the facts relied upon to -support it are not placed before me, I will not sentence the man to -death; and, under the law, you cannot. - -The Jews were thus thwarted in their designs. They had hoped to secure a -countersign of their own judgment without a retrial by the governor. -They now found him in no yielding and accommodating mood. They were thus -forced against their will and expectation to formulate specific charges -against the prisoner in their midst. The indictment as they presented -it, is given in a single verse of St. Luke: - -"And they began to accuse him, saying, We found this fellow perverting -the nation, and forbidding to give tribute to Cęsar, saying that he -himself is Christ, a King."[71] - -It is noteworthy that in this general accusation is a radical departure -from the charges of the night before. In the passage from the Sanhedrin -to the Prętorium, the indictment had completely changed. Jesus had not -been condemned on any of the charges recorded in this sentence of St. -Luke. He had been convicted on the charge of blasphemy. But before -Pilate he is now charged with high treason. To meet the emergency of a -change of jurisdiction, the priestly accusers converted the accusation -from a religious into a political offense. It may be asked why the -Sanhedrists did not maintain the same charges before Pilate that they -themselves had considered before their own tribunal. Why did they not -lead Jesus into the presence of the Roman magistrate and say: O -Governor, we have here a Galilean blasphemer of Jehovah. We want him -tried on the charge of blasphemy, convicted and sentenced to death. Why -did they not do this? They were evidently too shrewd. Why? Because, in -legal parlance, they would have had no standing in court. Why? Because -blasphemy was not an offense against Roman law, and Roman judges would -generally assume cognizance of no such charges. - -The Jews understood perfectly well at the trial before Pilate the -principle of Roman procedure so admirably expressed a few years later by -Gallio, proconsul of Achaia, and brother of Seneca: "If it were a matter -of wrong or wicked lewdness, O ye Jews, reason would that I should bear -with you: but if it be a question of words and names, and of your law, -look ye to it; for I will be no judge of such matters."[72] This -attitude of Roman governors toward offenses of a religious nature -perfectly explains the Jewish change of front in the matter of the -accusation against Jesus. They merely wanted to get themselves into a -Roman court on charges that a Roman judge would consent to try. In the -threefold accusation recorded by the third Evangelist, they fully -accomplished this result. - -The first count in the indictment, that He was perverting the nation, -was vague and indefinite, but was undoubtedly against Roman law, because -it was in the nature of sedition, which was one of the forms of treason -under Roman jurisprudence. This charge of perverting the nation was in -the nature of the revival of the accusation of sedition which they had -first brought forward by means of the false witnesses before their own -tribunal, and that had been abandoned because of the contradictory -testimony of these witnesses. - -The second count in the indictment, that He had forbidden to give -tribute to Cęsar, was of a more serious nature than the first. A -refusal, in modern times, to pay taxes or an attempt to obstruct their -collection, is a mild offense compared with a similar act under ancient -Roman law. To forbid to pay tribute to Cęsar in Judea was a form of -treason, not only because it was an open defiance of the laws of the -Roman state, but also because it was a direct denial of Roman -sovereignty in Palestine. Such conduct was treason under the definitions -of both Ulpian and Cicero. The Jews knew the gravity of the offense when -they sought to entrap Jesus in the matter of paying tribute to Cęsar. -They believed that any answer to the question that they had asked, would -be fatal to Him. If He advised to pay the imperial tribute, He could be -charged with being an enemy to His countrymen, the Jews. If He advised -not to pay the tribute, He would be charged with being a rebellious -subject of Cęsar. His reply disconcerted and bewildered them when He -said: "Render therefore unto Cęsar the things which are Cęsar's; and -unto God the things that are God's."[73] In this sublime declaration, -the Nazarene announced the immortal principle of the separation of -church and state, and of religious freedom in all the ages. And when, in -the face of His answer, they still charged Him with forbidding to pay -tribute to Cęsar, they seem to have been guilty of deliberate falsehood. -Keim calls the charge "a very flagrant lie." Both at Capernaum,[74] -where Roman taxes were gathered, and at Jerusalem,[75] where religious -dues were offered, Jesus seems to have been both a good citizen and a -pious Jew. "Jésus bon citoyen" (Jesus a good citizen) is the title of a -chapter in the famous work of Bossuet entitled "Politique tirée de -l'Ecriture sainte." In it the great French ecclesiastic describes very -beautifully the law-abiding qualities of the citizen-prophet of Galilee. -In pressing the false charge that he had advised not to pay taxes to -Rome, the enemies of Jesus revealed a peculiar and wanton malignity. - -The third count in the indictment, that the prisoner had claimed to be -"Christ a King," was the last and greatest of the charges. By this He -was deliberately accused of high treason against Cęsar, the gravest -offense known to Roman law. Such an accusation could not be ignored by -Pilate as a loyal deputy of Tiberius. The Roman monarch saw high treason -in every word and act that was uncomplimentary to his person or -dangerous to his power. Fifty-two prosecutions for treason, says -Tacitus, took place during his reign. - -The charges of high treason and sedition against Jesus were all the more -serious because the Romans believed Palestine to be the hotbed of -insurrection and sedition, and the birthplace of pretenders to kingly -powers. They had recently had trouble with claimants to thrones, some of -them from the lowest and most ignoble ranks. Judas, the son of Hezekiah, -whom Herod had caused to be put to death, proclaimed royal intentions, -gathered quite a multitude of adherents about him in the neighborhood of -Sepphoris in Galilee, raised an insurrection, assaulted and captured the -palace of the king at Sepphoris, seized all the weapons that were stored -away in it, and armed his followers with them. Josephus does not tell us -what became of this royal pretender; but he does say that "he became -terrible to all men, by tearing and rending those that came near -him."[76] - -In the province of Perea, a certain Simon, who was formerly a slave of -Herod, collected a band of followers, and had himself proclaimed king by -them. He burned down the royal palace at Jericho, after having plundered -it. A detachment under the command of the Roman general Gratus made -short work of the pretensions of Simon by capturing his adherents and -putting him to death.[77] - -Again, a certain peasant named Athronges, formerly a shepherd, claimed -to be a king, and for a long time, in concert with his four brothers, -annoyed the authorities of the country, until the insurrection was -finally broken up by Gratus and Ptolemy.[78] - -In short, during the life of Jesus, Judea was passing through a period -of great religious and political excitement. The Messiah was expected -and a king was hoped for; and numerous pretenders appeared from time to -time. The Roman governors were constantly on the outlook for acts of -sedition and treason. And when the Jews led Jesus into the presence of -Pilate and charged Him with claiming to be a king, the recent cases of -Judas, Simon, and Athronges must have arisen in his mind, quickened his -interest in the pretensions of the prisoner of the Jews, and must have -awakened his sense of loyalty as Cęsar's representative. The lowliness -of Jesus, being a carpenter, did not greatly allay his fears; for he -must have remembered that Simon was once a slave and that Athronges was -nothing more than a simple shepherd. - -When Pilate had heard the accusations of the Jews, he deliberately arose -from his judgment seat, gathered his toga about him, motioned the mob to -stand back, and beckoned Jesus to follow him into the palace. St. John -alone tells us of this occurrence.[79] - -At another time, in the Galilean simplicity and freedom of His nature, -the Prophet of Nazareth had spoken with a tinge of censure and sarcasm -of the rulers of the Gentiles that lorded it over their subjects,[80] -and had declared that "they that wear soft clothing are in kings' -houses."[81] Now the lowly Jewish peasant was entering for the first -time a palace of one of the rulers of the Gentiles in which were soft -raiment and royal purple. The imagination is helpless to picture the -historical reflections born of the memories of that hour. A meek and -lowly carpenter enters a king's palace on his way to an ignominious -death upon the cross; and yet the greatest kings of all the centuries -that followed were humble worshipers in their palaces before the cross -that had been the instrument of his torture and degradation. Such is the -irony of history; such is the mystery of God's providence; such is the -mystic ebb and flow of the tides and currents of destiny and fate. - -Of the examination of Jesus inside the palace, little is known. Pilate, -it seems, brushed the first two charges aside as unworthy of serious -consideration; and proceeded at once to examine the prisoner on the -charge that he pretended to be a king. "If," Pilate must have said, -"the fellow pretends to be a king, as Simon and Athronges did before -him; if he says that Judea has a right to have a king other than Cęsar, -he is guilty of treason, and it is my solemn duty as deputy of Tiberius -to ascertain the fact and have him put to death." - -The beginning of the interrogation of Jesus within the palace is -reported by all the Evangelists in the same words. Addressing the -prisoner, Pilate asked: "Art thou the King of the Jews?" "Jesus answered -him, Sayest thou this thing of thyself, or did others tell it thee of -me?"[82] - -This was a most natural and fitting response of the Nazarene to the -Roman. It was necessary first to understand the exact nature of the -question before an appropriate answer could be made. Jesus simply wished -to know whether the question was asked from a Roman or a Jewish, from a -temporal or a spiritual standpoint. If the interrogation was directed -from a Roman, a temporal point of view, His answer would be an emphatic -negative. If the inquiry had been prompted by the Jews, it was then -pregnant with religious meaning, and called for a different reply; one -that would at once repudiate pretensions to earthly royalty, and, at the -same time, assert His claims to the Messiahship and heavenly -sovereignty. - -"Pilate answered, Am I a Jew? Thine own nation and the chief priests -have delivered thee unto me: What hast thou done?" - -To this Jesus replied: "My kingdom is not of this world: if my kingdom -were of this world, then would my servants fight, that I should not be -delivered to the Jews: but now is my kingdom not from hence."[83] - -This reply of the Master is couched in that involved, aphoristic, -strangely beautiful style that characterized His speech at critical -moments in His career. Its import is clear, though expressed in a double -sense: first from the Roman political, and then from the Jewish -religious side. - -First He answered negatively: "My kingdom is not of this world." - -By this He meant that there was no possible rivalry between Him and -Cęsar. But, in making this denial, He had used two words of grave -import: My Kingdom. He had used one word that struck the ear of Pilate -with electric force: the word Kingdom. In the use of that word, -according to Pilate's reasoning, Jesus stood self-convicted. For how, -thought Pilate, can He pretend to have a Kingdom, unless He pretends to -be a king? And then, as if to cow and intimidate the prisoner, as if to -avoid an unpleasant issue of the affair, he probably advanced -threateningly upon the Christ, and asked the question which the Bible -puts in his mouth: "Art thou a king then?" - -Rising from the simple dignity of a man to the beauty and glory and -grandeur of a God, Jesus used the most wonderful, beautiful, meaningful -words in the literature of the earth: "Thou sayest that I am a king. To -this end was I born, and for this cause came I into the world, that I -should bear witness unto the truth. Everyone that is of the truth -heareth my voice."[84] - -This language contains a perfectly clear description of the kingdom of -Christ and of His title to spiritual sovereignty. His was not an empire -of matter, but a realm of truth. His kingdom differed widely from that -of Cęsar. Cęsar's empire was over the bodies of men; Christ's over their -souls. The strength of Cęsar's kingdom was in citadels, armies, navies, -the towering Alps, the all-engirdling seas. The strength of the kingdom -of the Christ was and is and will ever be in sentiments, principles, -ideas, and the saving power of a divine word. But, as clever and -brilliant as he must have been, Pilate could not grasp the true meaning -of the words of the Prophet. The spiritual and intellectual grandeur of -the Galilean peasant was beyond the reach of the Roman lord and -governor. In a cynical and sarcastic mood, Pilate turned to Jesus and -asked: "What is truth?"[85] - -This pointed question was the legitimate offspring of the soul of Pilate -and a natural product of the Roman civilization of his age. It was not -asked with any real desire to know the truth; for he turned to leave the -palace before an answer could be given. It was simply a blank response -born of mental wretchedness and doubt. If prompted by any silent -yearning for a knowledge of the truth, his conduct indicated clearly -that he did not hope to have that longing satisfied by the words of the -humble prisoner in his charge. "What is truth?" An instinctive utterance -this, prompted by previous sad reflections upon the wrecks of philosophy -in search of truth. - -We have reason to believe that Pilate was a man of brilliant parts and -studious habits. His marriage into the Roman royal family argued not -only splendid physical endowments, but rare intellectual gifts as well. -Only on this hypothesis can we explain his rise from obscurity in Spain -to a place in the royal family as husband of the granddaughter of -Augustus and foster daughter of Tiberius. Then he was familiar, if he -was thus endowed and accomplished, with the despairing efforts of his -age and country to solve the mysteries of life and to ascertain the end -of man. He had doubtless, as a student, "mused and mourned over Greece, -and its search of truth intellectual--its keen and fruitless search, -never-ending, ever beginning, across wastes of doubt and seas of -speculation lighted by uncertain stars." He knew full well that Roman -philosophy had been wrecked and stranded amidst the floating débris of -Grecian thought and speculation. He had thought that the _ultima ratio_ -of Academicians and Peripatetics, of Stoics and Epicureans had been -reached. But here was a new proposition--a kingdom of truth whose -sovereign had as subjects mere vagaries, simple mental conceptions -called truths--a kingdom whose boundaries were not mountains, seas, and -rivers, but clouds, hopes, and dreams. - -What did Pilate think of Jesus? He evidently regarded Him as an amiable -enthusiast, a harmless religious fanatic from whom Cęsar had nothing to -fear. While alone with Jesus in the palace, he must have reasoned thus -with himself, silently and contemptuously: The mob outside tells me that -this man is Rome's enemy. Foolish thought! We know who Cęsar's enemies -are. We have seen and heard and felt the enemies of Rome--barbarians -from beyond the Danube and the Rhine--great strong men, who can drive a -javelin not only through a man, but a horse, as well. These are Cęsar's -enemies. This strange and melancholy man, whose subjects are mere -abstract truths, and whose kingdom is beyond the skies, can be no enemy -of Cęsar. - -Believing this, he went out to the rabble and pronounced a verdict of -acquittal: "I find in him no fault at all." - -Pilate had tried and acquitted Jesus. Why did he not release Him, and, -if need be, protect Him with his cohort from the assaults of the Jews? -Mankind has asked for nearly two thousand years why a Roman, with the -blood of a Roman in him, with the glorious prestige and stern authority -of the Roman empire at his back, with a Roman legion at his command, did -not have the courage to do the high Roman act. Pilate was a moral and -intellectual coward of arrant type. This is his proper characterization -and a fitting answer to the world's eternal question. - -The Jews heard his sentence of acquittal in sullen silence. Desperately -resolved to prevent His release, they began at once to frame new -accusations. - -"And they were the more fierce, saying, He stirreth up the people, -teaching throughout all Jewry, beginning from Galilee to this -place."[86] - -This charge was intended by the Jews to serve a double purpose: to -strengthen the general accusation of high treason recorded by St. Luke; -and to embitter and poison the mind of the judge against the prisoner by -telling Pilate that Jesus was from Galilee. In ancient times Galilee was -noted as the hotbed of riot and sedition. The Galileans were brave and -hardy mountaineers who feared neither Rome nor Judea. As champions of -Jewish nationality, they were the fiercest opponents of Roman rule; and -in the final catastrophe of Jewish history they were the last to be -driven from the battlements of Jerusalem. As advocates and preservers of -the purity of the primitive Jewish faith, they were relentless foes of -Pharisaic and Sadducean hypocrisy as it was manifested by the Judean -keepers of the Temple. The Galileans were hated, therefore, by both -Romans and Judeans; and the Sanhedrists believed that Pilate would make -short work of Jesus if he learned that the prisoner was from Galilee. -But a different train of thought was excited in the mind of the Roman -governor. He was thinking about one thing, and they about another. -Pilate showed himself throughout the trial a craven coward and -contemptible timeserver. From beginning to end, his conduct was a record -of cowardice and subterfuge. He was constantly looking for loopholes of -escape. His heart's desire was to satisfy at once both his conscience -and the mob. The mention of Galilee was a ray of light that fell across -the troubled path of the cowardly and vacillating judge. He believed -that he saw an avenue of escape. He asked the Jews if Jesus was a -Galilean. An affirmative reply was given. Pilate then determined to rid -himself of responsibility by sending Jesus to be tried by the governor -of the province to which He belonged. He felt that fortune favored his -design; for Herod, Tetrarch of Galilee, was at that very moment in -Jerusalem in attendance upon the Passover feast. He acted at once upon -the happy idea; and, under the escort of a detachment of the Prętorian -Cohort, Jesus was led away to the palace of the Maccabees where Herod -was accustomed to stop when he came to the Holy City. - - - - -CHAPTER IX - -JESUS BEFORE HEROD - - -It was still early morning when Jesus, guarded by Roman soldiers and -surrounded by a jeering, scoffing, raging multitude of Jews, was -conducted to the palace of the Maccabees on the slope of Zion, the -official residence of Herod when he came to Jerusalem to attend the -sacred festivals. This place was to the northeast of the palace of Herod -and only a few streets distant from it. The journey must have lasted -therefore only a few minutes. - -But who was this Herod before whom Jesus now appeared in chains? History -mentions many Herods, the greatest and meanest of whom was Herod I, -surnamed the Great, who ordered the massacre of the Innocents at -Bethlehem. At his death, he bequeathed his kingdom to his sons. But -being a client-prince, a _rex socius_, he could not finally dispose of -his realm without the consent of Rome. Herod had made several wills, -and, at his death, contests arose between his sons for the vacant throne -of the father. Several embassies were sent to Rome to argue the rights -of the different claimants. Augustus granted the petitioners many -audiences; and, after long delay, finally confirmed practically the last -will of Herod. This decision gave Judea, Samaria, and Idumea, with a -tribute of six hundred talents, to Archelaus. Philip received the -regions of Gaulanitis, Auranitis, Trachonitis, Batanea, and Iturea, with -an income of one hundred talents. Herod Antipas was given the provinces -of Galilee and Perea, with an annual tribute of two hundred talents and -the title of Tetrarch. The title of Ethnarch was conferred upon -Archelaus. - -Herod Antipas, Tetrarch of Galilee, was the man before whom Jesus, his -subject, was now led to be judged. The pages of sacred history mention -the name of no more shallow and contemptible character than this petty -princeling, this dissolute Idumęan Sadducee. Compared with him, Judas is -eminently respectable. Judas had a conscience which, when smitten with -remorse, drove him to suicide. It is doubtful whether Herod had a spark -of that celestial fire which we call conscience. He was a typical -Oriental prince whose chief aim in life was the gratification of his -passions. The worthlessness of his character was so pronounced that it -excited a nauseating disgust in the mind of Jesus, and disturbed for a -moment that serene and lofty magnanimity which characterized His whole -life and conduct. To Herod is addressed the only purely contemptuous -epithet that the Master is ever recorded to have used. "And he said unto -them, Go ye, and tell _that fox_, Behold, I cast out devils, and I do -cures to-day and to-morrow, and the third day I shall be perfected."[87] - -The son of a father who was ten times married and had murdered many of -his wives; the murderer himself of John the Baptist; the slave of a lewd -and wicked woman--what better could be expected than a cruel, crafty, -worthless character, whose attributes were those of the fox? - -But why was Jesus sent to Herod? Doubtless because Pilate wished to -shift the responsibility from his own shoulders, as a Roman judge, to -those of the Galilean Tetrarch. A subsidiary purpose may have been to -conciliate Herod, with whom, history says, he had had a quarrel. The -cause of the trouble between them is not known. Many believe that the -murder of the Galileans while sacrificing in the Temple was the origin -of the unpleasantness. Others contend that this occurrence was the -result and not the cause of the quarrel between Pilate and Herod. Still -others believe that the question of the occupancy of the magnificent -palace of Herod engendered ill feeling between the rival potentates. -Herod had all the love of gorgeous architecture and luxurious living -that characterized the whole Herodian family. And, besides, he doubtless -felt that he should be permitted to occupy the palace of his ancestors -on the occasion of his visits to Jerusalem. But Pilate would naturally -object to this, as he was the representative of almighty Rome in a -conquered province and could not afford to give way, in a matter of -palatial residence, to a petty local prince. But, whatever the cause, -the unfriendliness between them undoubtedly had much to do with the -transfer of Jesus from the Prętorium to the palace of the Maccabees. - -"And when Herod saw Jesus, he was exceeding glad: for he was desirous to -see him for a long season, because he had heard many things of him; and -he hoped to have seen some miracle done by him."[88] - -This passage of Scripture throws much light upon Herod's opinion and -estimate of Jesus. Fearing that he was the successor and imitator of -Judas the Gaulonite, Herod at first sought to drive Him from his -province by sending spies to warn Him to flee. The courageous and -contemptuous reply of Jesus, in which he styled Herod "that fox," put an -end to further attempts at intimidation. - -The notions of the Galilean Tetrarch concerning the Galilean Prophet -seem to have changed from time to time. Herod had once regarded Jesus -with feelings of superstitious dread and awe, as the risen Baptist. But -these apprehensions had now partially passed away, and he had come to -look upon the Christ as a clever impostor whose claims to kingship and -Messiahship were mere vulgar dreams. For three years, Galilee had been -ringing with the fame of the Miracle-worker; but Herod had never seen -his famous subject. Now was his chance. And he anticipated a rare -occasion of magic and merriment. He doubtless regarded Jesus as a clever -magician whose performance would make a rich and racy programme for an -hour's amusement of his court. This was no doubt his dominant feeling -regarding the Nazarene. But it is nevertheless very probable that his -Idumęan cowardice and superstition still conjured images of a drunken -debauch, the dance of death, and the bloody head; and connected them -with the strange man now before him. - -No doubt he felt highly pleased and gratified to have Jesus sent to him. -The petty and obsequious vassal king was caught in Pilate's snare of -flattery. The sending of a noted prisoner to his judgment seat by a -Roman procurator was no ordinary compliment. But Herod was at once too -serious and too frivolous to assume jurisdiction of any charges against -this prisoner, who had offended both the religious and secular powers of -Palestine. To condemn Jesus would be to incur the ill will and -resentment of his many followers in his own province of Galilee. -Besides, he had already suffered keenly from dread and apprehension, -caused by the association of the names of John and Jesus, and he had -learned that from the blood of one murdered prophet would spring the -message and mission of another still more powerful and majestic. He was, -therefore, unwilling to embroil himself and his dominions with the -heavenly powers by condemning their earthly representatives. - -Again, though weak, crafty and vacillating, he still had enough of the -cunning of the fox not to wish to excite the enmity of Cęsar by a false -judgment upon a noted character whose devoted followers might, at any -moment, send an embassy to Rome to make serious and successful charges -to the Emperor. He afterwards lost his place as Tetrarch through the -suspicions of Caligula, who received news from Galilee that Herod was -conspiring against him.[89] The premonitions of that unhappy day -probably now filled the mind of the Idumęan. - -On the other hand, Herod was too frivolous to conduct from beginning to -end a solemn judicial proceeding. He evidently intended to ignore the -pretensions of Jesus, and to convert the occasion of His coming into a -festive hour in which languor and drowsiness would be banished from his -court. He had heard much of the miracles of the prisoner in his -presence. Rumor had wafted to his ears strange accounts of marvelous -feats. One messenger had brought news that the Prophet of Nazareth had -raised from the dead a man named Lazarus from Bethany, and also the son -of the widow of Nain. Another had declared that the laws of nature -suspended themselves on occasion at His behest; that when He walked out -on the sea, He did not sink; and that He stilled the tempests with a -mere motion of His hand. Still another reported that the mighty magician -could take mud from the pool and restore sight; that a woman, ill for -many months, need only touch the hem of His garment to be made whole -again; and that if He but touched the flesh of a leper, it would become -as tender and beautiful as that of a new-born babe. These reports had -doubtless been received by Herod with sneers and mocking. But he -gathered from them that Jesus was a clever juggler whose powers of -entertainment were very fine; and this was sufficient for him and his -court. - -"Then he questioned with him in many words; but he answered him -nothing."[90] - -Herod thus opened the examination of Jesus by interrogating Him at -length. The Master treated his insolent questions with contemptuous -scorn and withering silence. No doubt this conduct of the lowly Nazarene -greatly surprised and nettled the supercilious Idumęan. He had imagined -that Jesus would be delighted to give an exhibition of His skill amidst -royal surroundings. He could not conceive that a peasant would observe -the contempt of silence in the presence of a prince. He found it -difficult, therefore, to explain this silence. He probably mistook it -for stupidity, and construed it to mean that the pretensions of Jesus -were fraudulent. He doubtless believed that his captive would not work a -miracle because He could not; and that in His failure to do so were -exploded His claims to kingship and Messiahship. At all events, he was -evidently deeply perplexed; and this perplexity of the Tetrarch, in its -turn, only served to anger the accusing priests who stood by. - -"And the chief priests and scribes stood and vehemently accused -him."[91] - -This verse from St. Luke clearly reveals the difference in the temper -and purposes of the Sanhedrists on the one hand, and of Herod on the -other. The latter merely intended to make of the case of Jesus a -farcical proceeding in which the jugglery of the prisoner would break -the monotony of a day and banish all care during an idle hour. The -priests, on the other hand, were desperately bent upon a serious outcome -of the affair, as the words "vehemently accused" suggest. In the face of -their repeated accusations, Jesus continued to maintain a noble and -majestic silence. - -Modern criticism has sought to analyze and to explain the behavior of -Christ at the court of Herod. "How comes it," asks Strauss, "that Jesus, -not only the Jesus without sin of the orthodox school, but also the -Jesus who bowed to the constituted authorities, who says 'Give unto -Cęsar that which is Cęsar's'--how comes it that he refuses the answer -due to Herod?" The trouble with this question is that it falsely assumes -that there was an "answer due to Herod." In the first place, it must be -considered that Herod was not Cęsar. In the next place, we must remember -that St. Luke, the sole Evangelist who records the event, does not -explain the character of the questions asked by Herod. Strauss himself -says that they "displayed simple curiosity." Admitting that Jesus -acknowledged the jurisdiction of Herod, was He compelled to answer -irrelevant and impertinent questions? We do not know what these -questions were. But we have reason to believe that, coming from Herod, -they were not such as Jesus was called upon to answer. It is very -probable that the prisoner knew His legal rights; and that He did not -believe that Herod, sitting at Jerusalem, a place without his province, -was judicially empowered to examine Him. If He was not legally compelled -to answer, we are not surprised that Jesus refused to do so as a matter -of graciousness and accommodation; for we must not forget that the -Man-God felt that He was being questioned by a vulgar animal of the most -cunning type. - -But what is certain from the Scriptural context is that Herod felt -chagrined and mortified at his failure to evoke from Jesus any response. -He was enraged that his plans had been foiled by one of his own -subjects, a simple Galilean peasant. To show his resentment, he then -resorted to mockery and abuse. - -"And Herod with his men of war set him at nought, and mocked him, and -arrayed him in a gorgeous robe, and sent him again to Pilate."[92] - -We are not informed by St. Luke what special charge the priests brought -against Jesus at the judgment seat of Herod. He simply says that they -"stood and vehemently accused him." But we are justified in inferring -that they repeated substantially the same accusations which had been -made before Pilate, that He had claimed to be Christ a King. This -conclusion best explains the mockery which they sought to heap upon Him; -for in ancient times, when men became candidates for office, they put on -white gowns to notify the people of their candidacy. Again, Tacitus -assures us that white garments were the peculiar dress of illustrious -persons; and that the tribunes and consuls wore them when marching -before the eagles of the legions into battle.[93] - -The meaning of the mockery of Herod was simply this: Behold O Pilate, -the illustrious candidate for the kingship of the Jews! Behold the -imperial gown of the royal peasant pretender! - -The appearance before Herod resulted only in the humiliation of Jesus -and the reconciliation of Pilate and Herod. - -"And the same day Pilate and Herod were made friends together: for -before they were at enmity between themselves."[94] - - - - -CHAPTER X - -JESUS AGAIN BEFORE PILATE - - -The sending of Jesus to Herod had not ended the case; and Pilate was -undoubtedly very bitterly disappointed. He had hoped that the Galilean -Tetrarch would assume complete jurisdiction and dispose finally of the -matter. On the contrary, Herod simply mocked and brutalized the prisoner -and had him sent back to Pilate. The Roman construed the action of the -Idumęan to mean an acquittal, and he so stated to the Jews. - -"And Pilate, when he had called together the chief priests and the -rulers and the people, Said unto them, Ye have brought this man unto me, -as one that perverteth the people: and, behold, I, having examined him -before you, have found no fault in this man touching those things -whereof ye accuse him: No, nor yet Herod: for I sent you to him; and, -lo, nothing worthy of death is done unto him. I will therefore chastise -him, and release him."[95] - -The proposal to scourge the prisoner was the second of those criminal -and cowardly subterfuges through which Pilate sought at once to satisfy -his conscience and the demands of the mob. The chastisement was to be a -sop to the rage of the rabble, a sort of salve to the wounded pride of -the priests who were disappointed that no sentence of death had been -imposed. The release was intended as a tribute to justice, as a soothing -balm and an atoning sacrifice to his own outraged sense of justice. The -injustice of this monstrous proposal was not merely contemptible, it was -execrable. If Jesus was guilty, He should have been punished; if -innocent, he should have been set free and protected from the assaults -of the Jews. - -The offer of scourging first and then the release of the prisoner was -indignantly rejected by the rabble. In his desperation, Pilate thought -of another loophole of escape. - -The Evangelists tell us that it was a custom upon Passover day to -release to the people any single prisoner that they desired. St. Luke -asserts that the governor was under an obligation to do so.[96] Whether -this custom was of Roman or Hebrew origin is not certainly known. Many -New Testament interpreters have seen in the custom a symbol of the -liberty and deliverance realized by Israel in its passage from Egypt at -the time of the first great Passover. Others have traced this custom to -the Roman practice of releasing a slave at the Lectisternia, or banquets -to the gods.[97] Aside from its origin, it is interesting as an -illustration of a universal principle in enlightened jurisprudence of -lodging somewhere, usually with the chief executive of a race or -nation, a power of pardon which serves as an extinction of the penal -sanction. This merciful principle is a pathetic acknowledgment of the -weakness and imperfection of all human schemes of justice. - -Pilate resolved to escape from his confusion and embarrassment by -delivering Jesus to the people, who happened to appear in great numbers -at the very moment when Christ returned from Herod. The multitude had -come to demand the usual Passover deliverance of a prisoner. The arrival -of the crowd of disinterested strangers was inopportune for the priests -and elders who were clamoring for the life of the prisoner in their -midst. They marked with keen discernment the resolution of the governor -to release Jesus. They were equal to the emergency, and began to whisper -among the crowd that Barabbas should be asked. - -"And they had then a notable prisoner, called Barabbas. Therefore when -they were gathered together, Pilate said unto them, Whom will ye that I -release unto you? Barabbas, or Jesus which is called Christ? For he knew -that for envy they had delivered him."[98] - -Pilate believed that the newly arrived multitude would be free from the -envy of the priests, and that they would be satisfied with Jesus whom -they had, a few days before, welcomed into Jerusalem with shouts of joy. -When they demanded Barabbas, he still believed that if he offered them -the alternative choice of a robber and a prophet, they would choose the -latter. - -"But the chief priests and elders persuaded the multitude that they -should ask Barabbas, and destroy Jesus. The governor answered and said -unto them, Whether of the twain will ye that I release unto you? They -said, Barabbas. Pilate saith unto them, What shall I do then with Jesus -which is called the Christ? They all say unto him, Let him be -crucified."[99] - -"Barabbas, or Jesus which is called the Christ?" Such was the -alternative offered by a Roman governor to a Jewish mob. Barabbas was a -murderer and a robber. Jesus was the sinless Son of God. An erring race -wandering in the darkness of sin and perpetually tasting the bitterness -of life beneath the sun, preferred a criminal to a prophet. And to the -ghastliness of the choice was added a touch of the irony of fate. The -names of both the prisoners were in signification the same. Barabbas was -also called Jesus. And Jesus Barabbas meant Jesus the Son of the Father. -This frightful coincidence was so repugnant to the Gospel writers that -they are generally silent upon it. In this connection, Strauss remarks: -"According to one reading, the man's complete name was [Greek: hiźsous -barabbas], which fact is noted only because Olshausen considers it -noteworthy. Barabbas signifies 'son of the father,' and consequently -Olshausen exclaims: 'All that was essential to the Redeemer appears -ridiculous in the assassin!' and he deems applicable the verse: '_Ludit -in humanis divina potentia rebus._' We can see nothing in Olshausen's -remark but a _ludus humanę impotentię_."[100] - -Amidst the tumult provoked by the angry passions of the mob, a -messenger arrived from his wife bearing news that filled the soul of -Pilate with superstitious dread. Claudia had had a dream of strange and -ill-boding character. - -"When he was set down on the judgment seat, his wife sent unto him, -saying, Have thou nothing to do with that just man: For I have suffered -many things this day in a dream because of him."[101] - -This dream of Pilate's wife is nothing strange. Profane history mentions -many similar ones. Calpurnia, Cęsar's wife, forewarned him in a dream -not to go to the senate house; and the greatest of the Romans fell -beneath the daggers of Casca and Brutus, because he failed to heed the -admonition of his wife. - -In the apocryphal report of Pilate to the emperor Tiberius of the facts -of the crucifixion, the words of warning sent by Claudia are given: -"Beware said she to me, beware and touch not that man, for he is holy. -Last night I saw him in a vision. He was walking on the waters. He was -flying on the wings of the winds. He spoke to the tempest and to the -fishes of the lake; all were obedient to him. Behold! the torrent in -Mount Kedron flows with blood, the statues of Cęsar are filled with the -filth of Gemonię, the columns of the Interium have given away and the -sun is veiled in mourning like a vestal in the tomb. O, Pilate, evil -awaits thee if thou wilt not listen to the prayer of thy wife. Dread the -curse of the Roman Senate, dread the powers of Cęsar." - -This noble and lofty language, this tender and pathetic speech, may -appear strange to those who remember the hereditary stigma of the woman. -If this dream was sent from heaven, the recollection is forced upon us -that the medium of its communication was the illegitimate child of a -lewd woman. But then her character was probably not worse than that of -Mary Magdalene, who was very dear to the Master and has been canonized -not only by the church, but by the reverence of the world. - -It is certain, however, that the dream of Claudia had no determining -effect upon the conduct of Pilate. Resolution and irresolution -alternately controlled him. Fear and superstition were uppermost in both -mind and heart. The Jews beheld with anxious and discerning glance the -manifestation of the deep anguish of his soul. They feared that the -governor was about to pronounce a final judgment of acquittal. -Exhibiting fierce faces and frenzied feelings, they moved closer to him -and exclaimed: "We have a law, and by our law he ought to die, because -he made himself the Son of God."[102] - -Despairing of convicting Jesus on a political charge, they deliberately -revived a religious one, and presented to Pilate substantially the same -accusation upon which they had tried the prisoner before their own -tribunal. - -"He made himself the Son of God!" These words filled Pilate's mind with -a strange and awful meaning. In the mythology and ancient annals of his -race, there were many legends of the sons of the gods who walked the -earth in human form and guise. They were thus indistinguishable from -mortal men. It was dangerous to meet them; for to offend them was to -provoke the wrath of the gods, their sires. These reflections, born of -superstition, now swept through Pilate's mind with terrific force; and -the cries of the mob, "He made himself the Son of God," called from out -the deep recesses of his memory the half-forgotten, half-remembered -stories of his childhood. Could not Jesus, reasoned Pilate, be the son -of the Hebrew Jehovah as Hercules was the son of Jupiter? Filled with -superstitious dread and trembling with emotion, Pilate called Jesus -inside the Temple a second time; and, looking with renewed awe and -wonder, asked: "Whence art thou?"[103] But Jesus answered him nothing. - -Pilate came forth from the judgment hall a second time determined to -release the prisoner; but the Jews, marking his decision, began to cry -out: "Away with him, away with him, crucify him!"[104] Maddened by the -relentless importunity of the mob, Pilate replied scornfully and -mockingly: - -"Shall I crucify your king?" - -The cringing, hypocritical priests shouted back their answer: - -"We have no king but Cęsar."[105] - -And on the kingly idea of loyalty to Roman sovereignty they framed their -last menace and accusation. From the quiver of their wrath they drew the -last arrow of spite and hate, and fired it straight at the heart of -Jesus through the hands of Pilate: - -"If thou let this man go, thou art not Cęsar's friend: whosoever maketh -himself a king speaketh against Cęsar."[106] - -This last maneuver of the mob sealed the doom of the Christ. It teaches -also most clearly that Pilate was no match for the Jews when their -religious prejudices were aroused and they were bent on accomplishing -their desires. They knew Pilate and he knew them. They had been together -full six years. He had been compelled to yield to them in the matter of -the standards and the eagles. The sacred Corban funds had been -appropriated only after blood had been shed in the streets of Jerusalem. -The gilt shields of Tiberius that he had placed in Herod's palace were -taken down at the demands of the Jews and carried to the temple of -Augustus at Cęsarea. And now the same fanatical rabble was before him -demanding the blood of the Nazarene, and threatening to accuse him to -Cęsar if he released the prisoner. The position of Pilate was painfully -critical. He afterwards lost his procuratorship at the instance of -accusing Jews. The shadow of that distant day now fell like a curse -across his pathway. Nothing was so terrifying to a Roman governor as to -have the people send a complaining embassy to Rome. It was especially -dangerous at this time. The imperial throne was filled by a morbid and -suspicious tyrant who needed but a pretext to depose the governor of any -province who silently acquiesced in traitorous pretensions to kingship. -Pilate trembled at these reflections. His feelings of self-preservation -suggested immediate surrender to the Jews. But his innate sense of -justice, which was woven in the very fiber of his Roman nature, recoiled -at the thought of Roman sanction of judicial murder. He resolved, -therefore, to propitiate and temporize. The frenzied rabble continued to -cry: "Crucify him! Crucify him!" Three times, in reply, Conscience sent -to Pilate's trembling lips the searching question: "Why, what evil hath -he done?" "Crucify him! Crucify him!" came back from the infuriated mob. - -Pilate finally resolved to do their bidding and obey their will. But he -seems to have secretly cherished the hope that scourging, which was the -usual preliminary to crucifixion, might be made to satisfy the mob. But -this hope was soon dispelled; and he found himself compelled to yield -completely to their wishes by delivering the prisoner to be crucified. -Before this final step, however, which was an insult to the true courage -of the soul and an outrage upon all the charities of the heart, he -resolved to apply a soothing salve to wounded conscience. He resolved to -perform a ceremonial cleansing act. Calling for a basin of water, he -washed his hands before the multitude, saying: "I am innocent of the -blood of this just person: see ye to it."[107] - -This was a simple, impressive, theatrical act; but little, mean, -contemptible, cowardly. He washed his hands when he should have used -them. He should have used them as Brutus or Gracchus or Pompeius Magnus -would have done, in pointing his legion to the field of duty and of -glory. He should have used them as Bonaparte did when he put down the -mob in the streets of Paris. But he was too craven and cowardly; and -herein is to be found the true meaning of the character and conduct of -Pilate. He believed that Jesus was innocent; and that the accusations -against Him were inspired by the envy of His countrymen. He had declared -to the Jews in an emphatic verdict of acquittal that he found in Him no -fault at all. And yet this very sentence, "I find in him no fault at -all," was the beginning of that course of cowardly and criminal -vacillation which finally sent Jesus to the cross. "Yet was this -utterance," says Innes, "as it turned out, only the first step in that -downward course of weakness the world knows so well: a course which, -beginning with indecision and complaisance, passed through all the -phases of alternate bluster and subserviency; persuasion, evasion, -protest, and compromise; superstitious dread, conscientious reluctance, -cautious duplicity, and sheer moral cowardice at last; until this Roman -remains photographed forever as the perfect feature of the unjust judge, -deciding 'against his better knowledge, not deceived.'" - -"Then released he Barabbas unto them: and when he had scourged Jesus, he -delivered him to be crucified. Then the soldiers of the governor took -Jesus into the common hall, and gathered unto him the whole band of -soldiers. And they stripped him, and put on him a scarlet robe. And when -they had platted a crown of thorns, they put it upon his head, and a -reed in his right hand: And they bowed the knee before him, and mocked -him, saying, Hail, King of the Jews! And they spit upon him, and took -the reed, and smote him on the head. And after that they had mocked him, -they took the robe off from him, and put his own raiment on him, and led -him away to crucify him."[108] - -Thus ended the most memorable act of injustice recorded in history. At -every stage of the trial, whether before Caiaphas or Pilate, the -prisoner conducted Himself with that commanding dignity and majesty so -well worthy of His origin, mission, and destiny. His sublime deportment -at times caused His judges to marvel greatly. And through it all, He -stood alone. His friends and followers had deserted Him in His hour of -greatest need. Single-handed and unaided, the Galilean peasant had bared -His breast and brow to the combined authority, to the insults and -outrages, of both Jerusalem and Rome. "Not a single discordant voice was -raised amidst the tumultuous clamour: not a word of protest disturbed -the mighty concord of anger and reviling; not the faintest echo of the -late hosannas, which had wrung with wonder, fervour, and devotion, and -which had surrounded and exalted to the highest pitch of triumph the -bearer of good tidings on his entry into the Holy City. Where were the -throngs of the hopeful and believing, who had followed His beckoning as -a finger pointing toward the breaking dawn of truth and regeneration? -Where were they, what thinking and why silent? The bands at the humble -and poor, of the afflicted and outcast who had entrusted to His -controlling grace the salvation of soul and body--where were they, what -thinking and why silent? The troops of women and youths, who had drawn -fresh strength from the spell of a glance or a word from the Father of -all that liveth--where were they, what thinking and why silent? And the -multitudes of disciples and enthusiasts who had scattered sweet-scented -boughs and joyous utterances along the road to Sion, blessing Him that -came in the name of the Lord--where were they, what thinking and why -silent? Not a remembrance, not a sign, not a word of the great glory so -lately His. Jesus was alone." - - - - -[Illustration: CHRIST LEAVING THE PRĘTORIUM (DORÉ)] - - - - -CHAPTER XI - -LEGAL ANALYSIS AND SUMMARY OF THE ROMAN TRIAL OF JESUS - - -In the preceding pages of this volume we have considered the elements of -both Law and Fact as related to the Roman trial of Jesus. Involved in -this consideration were the powers and duties of Pilate as procurator of -Judea and as presiding judge at the trial; general principles of Roman -provincial administration at the time of Christ; the legal and political -status of the subject Jew in his relationship to the conquering Roman; -the exact requirements of criminal procedure in Roman capital trials at -Rome and in the provinces at the date of the crucifixion; the Roman law -applicable to the trial of Jesus; and the facts of said trial before -Pilate and Herod. - -We are now in a position to analyze the case from the view point of the -juristic agreement or nonagreement of Law and Fact; and to determine by -a process of judicial dissection and re-formation, the presence or -absence of essential legal elements in the proceedings. We have learned -what should have been done by Pilate acting as a Roman judge in a -criminal matter involving the life of a prisoner. We have also -ascertained what he actually did. We are thus enabled to compare the -requirements with the actualities of the case; and to ascertain the -resemblances in the proceedings against Jesus to a legally conducted -trial under Roman law. - -But, in making this summary and analysis, a most important consideration -must be constantly held in mind: that, in matters of review on appeal, -errors will not be presumed; that is, errors will not be considered that -do not appear affirmatively upon the record. The law will rather presume -and the court will assume that what should have been done, was done. In -conformity with this principle, the presumption must be indulged that -Pilate acted in strict obedience to the requirements of Roman law in -trying Jesus, unless the Gospels of the New Testament, which constitute -the record in the case, either affirmatively or by reasonable inference, -disclose the absence of such obedience. A failure to note this -presumption and to keep this principle in mind, has caused many writers -upon this subject to make erroneous statements concerning the merits and -legal aspects of the trial of Christ. - -Laymen frequently assert the essential principle of this presumption -without seeming to be aware of it. Both Keim and Geikie declare that -assessors or assistants were associated with Pilate in the trial of -Jesus. The Gospel records nowhere even intimate such a thing; and no -other original records are in existence to furnish such information. And -yet one of the most celebrated of the biblical critics, Dr. Theodor -Keim, writing on the trial of Christ by Pilate, says: "Beside him, upon -benches, were the council or the assessors of the court, sub-officials, -friends, Roman citizens, whose presence could not be dispensed with, and -who were not wanting to the procurators of Judea, although our reports -do not mention them."[109] To the same effect, Dr. Cunningham Geikie -thus writes: "The assessors of the court--Roman citizens--who acted as -nominal members of the judicial bench, sit beside Pilate--for Roman law -required their presence."[110] - -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 Prętorium 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. - -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 Cęsar 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. - -In forming an opinion as to the existence or non-existence of a regular -trial of Jesus before Pilate, the meager details of the New Testament -histories must not alone be relied upon. Nor must it be forgotten that -the Gospel writers were not lawyers or court officers reporting a case -to be reviewed on appeal. They were laymen writing a general account of -a judicial transaction. And the omissions in their narratives are not to -be considered as either discrepancies or falsehoods. They simply did not -intend to tell everything about the trial of Jesus; and the fact that -they do not record the successive steps of a regular trial does not mean -that these steps were not observed. - -It is respectfully submitted that if a modern layman should write a -newspaper or book account of one of the great criminal trials of this -century, with no intention of making it a strictly judicial report, this -account would not reveal the presence of more essential legal elements -than are disclosed by the reports of the Evangelists of the proceedings -against Jesus. - -The majority of writers on the subject express the opinion that the -appearance of the Christ before the Roman governor was nothing more than -a short hearing in which a few questions were asked and answers made; -that the proceedings were exceedingly brief and informal; and that the -emergencies of the case rather than forms of law guided the judgment and -controlled the conduct of Pilate. As a layman, the author of these -volumes would take the same view. But as a lawyer, treating the subject -in a judicial manner, and bound by legal rules, regulations, and -presumptions, in reviewing the merits of the case, he feels constrained -to dissent from the prevalent opinion and to declare that the New -Testament records, though meager in details, exhibit all the essential -elements of an ordinary criminal trial, whether conducted in ancient or -modern times. He further asserts that if the affirmative statements of -the Evangelists that certain things were done be supplemented by the -legal presumption that still other things were done because they should -have been done, and because the record does not affirmatively declare -that they were not done, an almost perfect judicial proceeding can be -developed from the Gospel reports of the trial of Jesus before Pilate. -These reports disclose the following essential elements of all ancient -and modern criminal trials: - - 1. The Indictment, or _Nominis Delatio_. - - "What accusation bring ye against this man?" - - "And they began to accuse him, saying, We found this fellow - perverting the nation, and forbidding to give tribute to Cęsar, - saying that he himself is Christ a King." - - 2. The Examination, or _Interrogatio_. - - "Art thou the King of the Jews?" - - "Art thou a King then?" - - 3. The Defense, or _Excusatio_. - - "My kingdom is not of this world: if my kingdom were of this world - then would my servants fight, that I should not be delivered to - the Jews: but now is my kingdom not from hence.... To this end was - I born and for this cause came I into the world, that I should - bear witness unto the truth. Everyone that is of the truth heareth - my voice." - - 4. The Acquittal, or _Absolutio_. - - "I find in him no fault at all." - -Here we have clearly presented the essential features of a criminal -trial: the Indictment, the Examination of the charge, the Defense, and -the Judgment of the tribunal, which, in this case, was an Acquittal. - -To demonstrate that Pilate intended to conduct the proceedings against -Jesus seriously and judicially, at the beginning of the trial, let us -briefly review the circumstances attendant upon the successive steps -just enumerated. And to this end, let us proceed in order: - -1. The Indictment, or _Nominis Delatio_. - -When Pilate had seated himself in the ivory curule chair of the -procurator of Judea, at an early hour on Friday morning, the day of the -crucifixion of Jesus, a Jerusalem mob, led by the Sanhedrin, confronted -him with the prisoner. His first recorded words are: "What accusation -bring ye against this man?" As before suggested, this question is very -keenly indicative of the presence of the judge and of the beginning of a -solemn judicial proceeding. Every word rings with Roman authority and -strongly suggests administrative action. - -The accusing priests sought to evade this question by answering: "If he -were not a malefactor, we would not have delivered him up unto thee." - -If Pilate had adopted the Jewish view of the merits of the matter, that -his countersign was the only thing necessary to justify the final -condemnation and punishment of the prisoner; or, if he had been -indifferent to the legal aspects of the case, he would simply have -granted their request at once, and would have ordered the prisoner to -execution. But this was not the case; for we are assured that he -insisted on knowing the nature of the accusation before he would assume -jurisdiction of the affair. The mere information that He was a -"malefactor" did not suffice. The conduct of the Roman judge clearly -indicated that accusation was a more important element of Roman -criminal procedure than was inquisition. To meet the emergency, the Jews -were compelled, then, to make the formal charge, that: - -"We found this fellow perverting the nation, and forbidding to give -tribute to Cęsar, saying that he himself is Christ a King." - -Here we have presented the indictment, the first step in a criminal -proceeding; and it was presented not voluntarily, but because a Roman -judge, acting judicially, demanded and forced its presentment. - -2. The Examination, or _Interrogatio_. - -Not content with knowing the nature of the charges against the prisoner, -Pilate insisted on finding out whether they were true or not. He -accordingly took Jesus inside the palace and interrogated Him. With true -judicial tact, he brushed aside the first two accusations as -unimportant, and came with pointed directness to the material question: - -"Art thou the King of the Jews?" - -This interrogation bears the impress of a judicial inquiry, touching a -matter involving the question of high treason, the charge against the -prisoner. It clearly indicates a legal proceeding in progress. And when -Jesus made reply that seemed to indicate guilt, the practiced ear of the -Roman judge caught the suggestion of a criminal confession, and he asked -impatiently: - -"Art thou a King then?" - -This question indicates seriousness and a resolution to get at the -bottom of the matter with a view to a serious judicial determination of -the affair. - -3. The Defense, or _Excusatio_. - -In reply to the question of the judge, the prisoner answered: - -"My kingdom is not of this world." - -This language indicates that Jesus was conscious of the solemnity of the -proceedings; and that He recognized the right of Pilate to interrogate -Him judicially. His answer seemed to say: "I recognize your authority in -matters of this life and this world. If my claims to kingship were -temporal, I fully appreciate that they would be treasonable; and that, -as the representative of Cęsar, you would be justified in delivering me -to death. But my pretensions to royalty are spiritual, and this places -the matter beyond your reach." - -The defense of Jesus was in the nature of what we call in modern -pleading a Confession and Avoidance: "A plea which admits, in words or -in effect, the truth of the matter contained in the Declaration; and -alleges some new matter to avoid the effect of it, and shows that the -plaintiff is, notwithstanding, not entitled to his action." - -It may be analyzed thus: - -Confession: Inside the palace, Pilate asked Jesus the question: "Art -thou the King of the Jews?" According to St. Matthew, Jesus answered: -"Thou sayest";[113] according to St. Mark: "Thou sayest it";[114] -according to St. Luke: "Thou sayest it";[115] according to St. John: -"Thou sayest that I am a king."[116] - -All these replies are identical in signification, and mean: Thou sayest -it, because I am really a king. In other words, He simply confessed that -He was a king. Then came His real defense. - -Avoidance: "My kingdom is not of this world: if my kingdom were of this -world, then would my servants fight, that I should not be delivered to -the Jews: but now is my kingdom not from hence.... To this end was I -born and for this cause came I into the world, that I should bear -witness of the truth. Everyone that is of the truth heareth my voice." - -After having confessed claims to kingship, and having thereby made -Himself momentarily liable on the charge of high treason, He at once -avoids the effect of the declaration by alleging new matter which -exempted Him from the operation of the _crimen Lęsę Majestatis_. He -boldly declares His kingship, but places His kingdom beyond the skies in -the realm of truth and spirit. He asserts a bold antithesis between the -Empire of Cęsar and the Kingdom of God. He cheerfully acknowledges the -procuratorship of Pilate in the first, but fearlessly proclaims His own -Messiahship in the second. - -4. The Acquittal, or _Absolutio_. - -It is more than probable that Pilate's heathen soul mocked the heavenly -claims of the lowly prisoner in his presence, but his keenly discerning -Roman intellect marked at once the distinction between an earthly and a -heavenly kingdom. He saw clearly that their boundaries nowhere -conflicted, and that treasonable contact was impossible. He judged that -Jesus was simply a gentle enthusiast whose pretensions were harmless. -Accordingly, he went out to the mob and pronounced a verdict of "not -guilty." Solemnly raising his hand, he proclaimed the sentence of -acquittal: - -"I find in him no fault at all." - -This language is not the classical legal phraseology of a Roman verdict -of acquittal. The Latin word for a single ballot was _absolvo_; the -words of a collective judgment of a bench of judges was _non fecisse -videtur_. The language of St. John, though that of a layman, is equally -as effectual, if not so formal and judicial. - -More than any other feature of the case, the verdict of acquittal, "I -find in him no fault at all," indicates the regularity and solemnity of -a judicial proceeding. Standing alone, it would indicate the close of a -regular trial in which a court having jurisdiction had sat in judgment -upon the life or liberty of an alleged criminal. - -If to these essential elements of a trial which the Gospel records -affirmatively disclose be added other necessary elements of a regular -Roman trial which legal presumption supplies, because these records do -not deny their existence, we have then in the proceedings against Jesus -all the important features of Roman criminal procedure involving the -question of life or death. That several essential elements are absent is -evident from a reasonable construction of the statements of the -Evangelists. That which most forcibly negatives the existence of a -regular trial was the precipitancy with which the proceedings were -conducted before Pilate. We have seen that ten days were allowed at Rome -after the _nominis receptio_ to secure testimony and prepare the case -before the beginning of the trial. This rule was certainly not observed -at the trial of Jesus. But several irregularities which are apparent -from a perusal of the Gospel histories may be explained from the fact -that Jesus was not a Roman citizen and was not, therefore, entitled to a -strict observance of Roman law in the proceedings against him. - -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. - -Rosadi denies emphatically that Herod had jurisdiction of the offense -charged against Jesus. In this connection, he says: "His prosecutors -insisted tenaciously upon His answering to a charge of _continuous_ -sedition, as lawyers call it. This offence had been begun in Galilee and -ended in Jerusalem--that is to say, in Judęa. Now it was a rule of Roman -law, which the procurator of Rome could neither fail to recognize nor -afford to neglect, that the competence of a court territorially -constituted was determined either by the place in which the arrest was -made, or by the place in which the offence was committed. Jesus had been -arrested at the gates of Jerusalem; His alleged offence had been -committed for the most part, and as far as all the final acts were -concerned, in the city itself and in other localities of Judęa. In -continuous offences competence was determined by the place in which the -last acts going to constitute the offence had been committed. Thus no -justification whatever existed for determining the court with regard to -the prisoner's origin. But this investigation upon a point of Roman law -is to all intents superfluous, because either Pilate, when he thought of -Herod, intended to strip himself of his inalienable judicial power, and -in this case he ought to have respected the jurisdiction and competence -of the Grand Sanhedrin and not to have busied himself with a conflict as -to cognizance which should only have been discussed and resolved by the -Jewish judicial authorities; or else he had no intention of abdicating -his power, and in this case he ought never to have raised the question -of competence between himself, Governor of Judęa, and Herod, Regent of -Galilee, but between himself and the Roman Vice-Governor of Galilee, his -colleague, if there had been such an one. It is only between judges of -the same judicial hierarchy that a dispute as to territorial competence -can arise. Between magistrates of different States there can only exist -a contrast of power and jurisdiction. The act of Pilate cannot then be -interpreted as a scruple of a constitutional character. It is but a -miserable escape for his irresolution, a mere endeavour to temporize." - -The second and final appearance of Jesus before Pilate bears little -resemblance to a regular trial. The characteristic elements of an -ordinary Roman criminal proceeding are almost wholly wanting. The -pusillanimous cowardice of the procurator and the blind fury of the mob -are the chief component parts. A sort of wild phantasmagoria sweeps -through the multitude and circles round the tribunal of the governor. -Pilate struggles with his conscience, and seeks safety in subterfuge. He -begins by declaring to the assembled priests and elders that neither he -nor Herod has found any fault in the man; and then, as a means of -compromise and conciliation, makes the monstrous proposal that he will -first scourge and then release the prisoner. This infamous proposal is -rejected by the mob. The cowardly procurator then adopts another mean -expedient as a way of escape. He offers to deliver Jesus to them as a -Passover gift. Him they refuse and Barabbas, the robber, is demanded. -Pilate's terror is intensified by superstitious dread, when the mob -begins to cry: "He made himself the Son of God!" From out the anguish of -his soul, the voice of Justice sends to his quivering lips the -thrice-repeated question: "Why, what evil hath he done?" The mob -continues to cry: "Crucify him! Crucify him!" - -And as a final assault upon his conscience and his courage, the -hypocritical priests warn him that he must not release a pretender to -kingship, for such a man is an enemy to Cęsar. The doom of the Nazarene -is sealed by this last maneuver of the rabble. Then, as a propitiation -to the great God of truth and justice, and as balm to his hurt and -wounded conscience, he washes his hands in front of them and exclaims: -"I am innocent of the blood of this just person: see ye to it." - -The crucifixion followed Pilate's final determination; and thus ended -the most famous trial in the history of the world. It began with the -arrest of Jesus in Gethsemane at midnight, and ended with His -crucifixion on Golgotha on the afternoon of the same day. As we have -seen, it was a double trial, conducted within the jurisdictions of the -two most famous systems of jurisprudence known to mankind. In both -trials, substantially the right issue was raised. Before the Sanhedrin, -the prisoner was charged with blasphemy and convicted. Regarding Jesus -as a mere man, a plain Jewish citizen, this judgment was "substantially -right in point of law", but was unjust and outrageous because forms of -criminal procedure which every Jewish prisoner was entitled to have -observed, were completely ignored. - -The proceedings before Pilate, we have reason to believe, were -conducted, in a general way, with due regard to forms of law. But the -result was judicial murder, because the judge, after having acquitted -Jesus, delivered Him to be crucified. "I find in him no fault at all" -was the verdict of Pilate. But this just and righteous sentence was -destroyed and obliterated by the following: "And they were instant with -loud voices, requiring that he might be crucified. And the voices of -them and of the chief priests prevailed. And Pilate gave sentence that -it should be as they required."[118] - -A horrible travesty on justice, this! "_Absolvo_" and "_Ibis ad -crucem_," in the same breath, were the final utterances of a Roman judge -administering Roman law in the most memorable judicial transaction -known to men. - -The treatment of this great theme would be incomplete and unsatisfactory -unless reference were made to the peculiar views of some who believe -that political rather than legal considerations should govern in -determining the justice or the injustice of the proceedings against -Jesus before Pilate. A certain class of critics insist on regarding the -Roman governor in the light of an administrator rather than a judge, and -contend that the justice of his conduct and the righteousness of his -motives should be tested by principles of public policy rather than by -strict legal rules. It is insisted by such persons that various -considerations support this contention. It is pointed out that Pilate -exercised the unlimited jurisdiction of the military _imperium_, and was -not, therefore, strictly bound by legal rules; that Jesus was not a -Roman citizen, and, for this reason, was not entitled to the strict -observance of forms of law; and that the stubborn, rebellious and -turbulent temper of the Jewish people required the strong hand of a -military governor, enforcing political obedience by drastic measures, -rather than the action of a judge punctiliously applying rules of law. -These peculiar views subject the conduct of Pilate to the pressure of -public necessity rather than to the test of private right, and insist -that sympathy rather than censure should hold the scales in which his -deeds are weighed. - -This view of the case was presented in the last generation by Sir James -Fitz-James Stephen in a book of extraordinary strength and brilliancy -entitled "Liberty, Equality, Fraternity." It was written in answer to -John Stuart Mill, and is, without doubt, the most powerful assault in -the English language on what men have been pleased to call in modern -times "liberty of conscience." In his letters and essays, Mr. Mill, -according to the interpretation of Mr. Stephen, "condemns absolutely all -interference with the expression of opinion." When tried by this -standard, the Athenian dicasts, who condemned Socrates; Marcus Aurelius, -who persecuted the Christians; Pontius Pilate, who crucified Jesus; and -Philip II, who sanctioned the tortures of the Spanish Inquisition, were -simply violators of rights of personal opinion and of freedom of -conscience. If you deny the right of liberty of conscience, Mr. Mill -contends, you must not censure Marcus Aurelius and other persecutors of -Christianity. On the contrary, you must approve such persecution; and -you must go further, and find "a principle which would justify Pontius -Pilate." This challenge was boldly accepted by Mr. Stephen, who says: - -"Was Pilate right in crucifying Christ? I reply, Pilate's paramount duty -was to preserve the peace in Palestine, to form the best judgment he -could as to the means required for that purpose, and to act upon it when -it was formed. Therefore, if and in so far as he believed in good faith -and on reasonable grounds that what he did was necessary for the -preservation of the peace of Palestine, he was right. It was his duty to -run the risk of being mistaken, notwithstanding Mr. Mill's principle as -to liberty. He was in the position of a judge whose duty it is to try -persons duly brought before him for trial at the risk of error."[119] - -This contention is founded upon the inexorable doctrine that what is, is -right; that revolution, though righteous, must be nipped in the bud and -destroyed; and that rights of private conscience must not be tolerated -if they tend to disturb the peace of the community at large. The -inevitable logic of the theory of Mr. Stephen is that the established -order of things in Palestine under Roman rule was right, and that it was -the duty of the Roman governor to regard all attempts at innovation or -revolution in religion or government as a breach of the peace which was -to be promptly suppressed by vigorous measures. There is undoubtedly a -certain amount of truth in this contention, in so far as it implies that -under a just and orderly plan of government, the rights of the -commonwealth to peace and security are greater than the claims of the -individual to liberty of conscience which conflict with and tend to -destroy those rights. It is a truth, at once sovereign and fundamental, -in both law and government, that the rights of the collective body are -greater than those of any individual member; and that when the rights of -the whole and those of a part of the body politic conflict, the rights -of the part must yield and, if necessity requires it, be destroyed. Upon -no other basis can the doctrine of majorities in politics and the right -of Eminent Domain in law, rest. But the application of the principles -involved in this theory must always be made with proper limitations, and -with a due regard to the rights of minorities and individuals; else -government becomes an engine of despotism instead of an expression of -political freedom. A claim of privilege which every member of the -community has a right to make, must be respected by the collective body; -otherwise, a common right has been violated and destroyed. The complete -recognition of this principle is imperative and fundamental, and is the -corner stone of political freedom in free institutions among men. - -But the trouble with the contention of Mr. Stephen is that it proceeds -upon a wrong hypothesis. He intimates that Pilate might have "believed -in good faith that what he did was necessary for the preservation of the -peace of Palestine." This is a purely gratuitous and unhistorical -suggestion. The Gospel records nowhere justify such an assumption. The -very opposite is taught by these sacred writings. It is true that -Caiaphas contended that it was expedient that one man should die rather -than that the whole nation should perish. But this was a Jewish, not a -Roman opinion. The Evangelical narratives are unanimous in declaring -that Pilate believed Jesus to be innocent and that "for envy" He had -been accused by His countrymen. - -It is cheerfully conceded that occasions may present themselves, in the -tumult and frenzy of revolution, when the responsible authorities of -government may put to death a person whose intentions are innocent, but -whose acts are incentives to riot and bloodshed. This may be done upon -the principle of self-preservation, which is the first law of government -as well as of nature. But no such necessity arose in the case of Jesus; -and no such motives are ascribed by the Evangelists to Pilate. They very -clearly inform us that the action of the Roman governor in delivering -the prisoner to be crucified was prompted by private and not public -considerations. He had no fears that Jesus would precipitate a -revolution dangerous to the Roman state. He simply wished to quiet the -mob and retain his position as procurator of Judea. The facts of -history, then, do not support the contention of Mr. Stephen. - -Continuing, in another place, the same eminent writer says: "The point -to which I wish to direct attention is that Pilate's duty was to -maintain peace and order in Judea and to maintain the Roman power. It is -surely impossible to contend seriously that it was his duty, or that it -could be the duty of any one in his position, to recognize in the person -brought to his judgment seat, I do not say God Incarnate, but the -teacher and preacher of a higher form of morals and a more enduring form -of social order than that of which he himself was the representative. To -a man in Pilate's position the morals and the social order which he -represents are for all practical purposes final and absolute standards. -If, in order to evade the obvious inference from this, it is said that -Pilate ought to have respected the principle of religious liberty as -propounded by Mr. Mill, the answer is that if he had done so he would -have run the risk of setting the whole province in a blaze. It is only -in very modern times, and under the influence of modern sophisms, that -belief and action have come to be so much separated in these parts of -the world that the distinction between the temporal and spiritual -department of affairs even appears to be tenable; but this is a point -for future discussion. - -"If this should appear harsh, I would appeal again to Indian experience. -Suppose that some great religious reformer--say, for instance, some one -claiming to be the Guru of the Sikhs, or the Imam in whose advent many -Mahommedans devoutly believe--were to make his appearance in the Punjab -or the North-West Provinces. Suppose that there was good reason to -believe--and nothing is more probable--that whatever might be the -preacher's own personal intentions, his preaching was calculated to -disturb the public peace and produce mutiny and rebellion: and suppose -further (though the supposition is one which it is hardly possible to -make even in imagination), that a British officer, instead of doing -whatever might be necessary, or executing whatever orders he might -receive, for the maintenance of British authority, were to consider -whether he ought not to become a disciple of the Guru or Imam. What -course would be taken towards him? He would be instantly dismissed with -ignominy from the service which he would disgrace, and if he acted up to -his convictions, and preferred his religion to his Queen and country, he -would be hanged as a rebel and a traitor."[120] - -These theories and illustrations are not only plausible but entirely -reasonable when viewed in the light of the facts which they assume to be -true. But here again, we must insist that they do not harmonize with -the actual facts of the case to which they are intended to apply. In -the extract above quoted, three suppositions are suggested. The first -one is immaterial. Let us analyze the other two in the light of the -Gospel histories. The second supposition is this: "Suppose that there -was good reason to believe--and nothing is more probable--that whatever -might be the preacher's own personal intentions, his preaching was -calculated to disturb the public peace and produce mutiny and -rebellion." What passage of Scripture, it may be asked, justifies this -parallel with the case of Jesus before Pilate? There is, in fact, -absolutely none. The nearest approach to one is Matthew xxvii. 24: "When -Pilate saw that he could prevail nothing, but that rather a tumult was -made, he took water, and washed his hands before the multitude, saying, -I am innocent of the blood of this just person: see ye to it." The -"tumult" here referred to means nothing more than the manifestation of -agitated feelings on the part of the mob, who were enraged at the -prospect of an acquittal by the governor. It does not remotely refer to -the danger of a popular rebellion which might endanger the security and -safety of Rome. To admit this supposition would be to elevate the -motives of Pilate in consenting to the crucifixion of Jesus to the level -of solicitude for the welfare of his country. This would not be -justified by the record, which clearly reveals that Pilate was moved by -personal selfishness rather than by a sense of official duty. - -The third and last supposition above mentioned is this: "And suppose, -further (though the supposition is one which it is hardly possible to -make even in imagination), that a British officer, instead of doing -whatever might be necessary, or executing whatever orders he might -receive, for the maintenance of British authority, were to consider -whether he ought not to become a disciple of the Guru or Imam." Here -again, we may ask, what passage of Scripture supports this parallel of a -Mohammedan Guru before a British officer with Jesus Christ before -Pontius Pilate? Where is it anywhere stated, or by reasonable inference -implied, that Pilate considered whether he ought not to become a -disciple of Jesus? The celebrated English author has simply argued his -case from a radically defective record of fact. - -On the other hand, let us draw what we conceive to be a true parallel. -Let us take an illustration nearer home. Suppose that the Governor -General of the Philippine Islands was clothed with authority of life and -death as a judge in criminal matters pertaining to the affairs of those -islands. Suppose that a Mohammedan preacher should appear somewhere in -the archipelago where Mohammedans are numerous, and begin to proclaim a -new religious faith which was opposed not only to the ordinary tenets of -Islamism, but also to the Christian religion which is the dominant faith -of the rulers of the Philippines. Suppose that the coreligionists of -this Mohammedan prophet should seize him, bring him before the Governor -General, and lodge against him a threefold charge: That he was stirring -up sedition in the islands; that he had advised the Filipinos not to pay -taxes due to the United States government; and that he had said and -done things that were treasonable against the United States. Suppose -that the Governor General, after personal examination, became satisfied -that the Mohamammedan preacher was an innocent enthusiast, that the -charges against him were false, and were due to the envy and hatred of -his fellow-Mohammedans; that to quiet the passions, and satisfy the -demands of the mob, he proposed to scourge him first and then release -him; that, in the face of the vehement accusations of the rabble, he -hesitated and vacillated for several hours; and that finally, when the -Mohammedans threatened to send a complaint to President Roosevelt which -might endanger his position, he ordered his innocent prisoner to death. -Suppose this should happen beneath the American flag, what would be the -judgment of the American people as to the merits of the proceedings? -Would the Governor General retain his office by such a course of -conduct? - -But let us view it in another light. Let us assume that the Governor -General believed that the Mohammedan preacher was innocent and that his -"personal intentions" were not remotely hostile or treasonable, but felt -that his preaching might stir up rebellion dangerous to the power of the -American government in the Philippines; and that it was his duty as the -guardian of American honor and security, to put the native preacher to -death; and this not to punish past criminal conduct, but to prevent -future trouble by a timely execution. Suppose that the Governor General -should do this while sitting as a judge, would it not be judicial -murder? Suppose that he should do it while acting as an administrator, -would it be less an assassination? Would it not stamp with indelible -shame the administration that should sanction or tolerate it? Would the -press of America not denounce the act as murder, declare that despotism -reigned in our Eastern possessions, and demand the removal and -punishment of the man who had disgraced his office and brought odium -upon the administrative justice of his country? - -In closing the Roman trial of Jesus, let us repeat what we have already -said: that the conduct of Pilate, when the prisoner was first brought -before him, seems to have been marked by judicial regularity and -solemnity; that the Roman procurator seems to have deported himself in a -manner worthy of his office; that, in the beginning, he appears to have -resolved to observe due forms of law in the proceedings, to the end that -justice might be attained; and that, after a comparatively regular -trial, he pronounced an absolute verdict of acquittal. Thus far the -course of Pilate is manly and courageous. But with the return of the -prisoner from Herod, unmanliness and cowardice begin. - -This last act of the great drama presents a pitiable spectacle of Roman -degeneracy. A Roman governor of courtly origin, clothed with _imperium_, -with a Prętorian Cohort at his command, and the military authority and -resources of an empire at his back, cringes and crouches before a -Jerusalem mob. The early Christian writers characterized Pilate with a -single term ([Greek: anandria]), "unmanliness." They were right. This -word is a summary, accurate and complete, of the character of the man. - -There is inherent in the highest and noblest of the human species a -quality of courage which knows no fear; that prefers death and -annihilation to dishonor and disgrace; that believes, with Cęsar, that -it is better to die at once than to live always in fear of death; and, -with Mahomet, that Paradise will be found in the shadow of the crossing -of swords. This quality of courage is peculiar to no race of men and to -no form of civilization. It has existed everywhere and at all times. It -causes the spirit of man to tread the earth like a lion and to mount the -air like an eagle. The ancient barbarians of Gaul believed that -lightning was a menace from the skies; and amidst the very fury of the -storm, from their great bows they sent arrows heavenward as a defiance -to the gods. This quality of courage, which is natural to man, Pilate -lacked. And when we think of his cowardly, cringing, crouching, -vacillating conduct before a few fanatical priests in Jerusalem, another -scene at another time comes up before us. The Tenth Legion rises in -mutiny and defies Julius Cęsar. The mighty Roman summons his rebellious -soldiers to the Field of Mars, reads to them the Roman riot act, and -threatens to dismiss them not only from his favor but from Roman -military service. The veterans of a hundred Gallic battlefields are -subdued and conquered by the tone and glance of a single man; and with -tearful eyes, beg forgiveness, and ask to be permitted to follow once -again him and his eagles to the feast of victory and of death. Imagine, -if you can, Cęsar in the place of Pilate. it is not difficult to -conceive the fare of a vulgar rabble who persisted in annoying such a -Roman by demanding the blood of an innocent man. - -But the cowardice and pusillanimity of the Roman governor are not -properly illustrated by comparison with the courage and magnanimity of a -Roman general. At the trial of Jesus, Pilate was acting in a judicial -capacity, and was essentially a judge. His character, then, may be best -understood by contrasting it with another judge in another age and -country. His craven qualities will then be manifest. - -The greatest of the English jurists and judges was Sir Edward Coke. His -legal genius was superb and his judicial labors prodigious. During the -greater part of his professional career he slept only six hours, "and -from three in the morning till nine at night he read or took notes of -the cases tried in Westminster Hall with as little interruption as -possible." He was great not only as a judge, but as an advocate as well. -The consummate skill with which he argued the intricate cases of Lord -Cromwell and Edward Shelley, brought him a practice never before equaled -in England, and made him renowned as the greatest lawyer of the times. -His erudition was profound, his powers of advocacy brilliant, his -personal and judicial courage was magnificent. He not only repeatedly -defied and ridiculed his colleagues on the bench, but more than once -excited the wrath and braved the anger of the king. He fearlessly -planted himself upon the ancient and inalienable rights of Englishmen; -and, time and time again, interposed his robe at office between the -privileges of the Commons and the aggressions of the Crown. He boldly -declared that a royal proclamation could not make that an offense which -was not an offense before. His unswerving independence was well -illustrated in a case brought before him in 1616. The question at issue -was the validity of a grant made by the king to the Bishop of Lichfield -of a benefice to be held _in commendam_. King James, through his -attorney-general, Bacon, commanded the chief justice to delay judgment -till he himself had discussed the question with the judges. Bacon, at -Coke's request, sent a letter containing the same command to each of the -judges. Coke then obtained their signatures to a paper declaring that -the instructions of the attorney-general were illegal, and that they -were bound to proceed with the case. The king became very angry, -summoned the judges before him in the council chamber, declared to them -his kingly prerogative, and forbade them to discuss his royal privileges -in ordinary arguments before their tribunal. Coke's colleagues fell upon -their knees, cowed and terrified, before the royal bigot and despot, and -begged his pardon for having expressed an opinion that had excited his -displeasure. But Coke refused to yield, and, when asked if, in the -future, he would delay a case at the king's order, he bravely replied -that on all occasions and under any emergency, he would do nothing -unworthy of himself or his office as an English citizen and judge. And -rather than prostitute the high prerogatives of his court, he -indignantly and contemptuously hurled his judicial mantle into the face -of the Stuart king. How much grander and nobler was the conduct of Coke, -the Englishman, than that of Pilate, the cowardly, pusillanimous Roman! -Both were judges, both stood in the shadow of the majesty and menace of -a throne, both were threatened with royal wrath, both held high judicial -places under the governments of the most vast and glorious empires that -this world has known. Coke preferred the dictates of his conscience to -the decrees of his king; and his name remains forever enshrined in the -minds and memories of men as the noblest type of a brave and righteous -judge. For a miserable mess of Roman political pottage, Pilate forfeited -his birthright to the most splendid and illustrious example of judicial -integrity and courage in the history of the earth; and his name remains -forever a hissing and reproach, as the worst specimen of the corrupt and -cowardly judge that mankind has known. - -If it be objected that the position of Pilate was more painful and -precarious than that of Coke, because the Roman was confronted by a wild -and furious mob, reply must then be made that both the spirit and letter -of Roman laws forbade surrender by Roman governors and administrators of -the principles of justice to the blind passions of the multitude. This -spirit was, in a later age, set forth in the laws of Justinian, when -reproduction was made of the proclamations of the emperors Diocletian -and Maximian, on the occasion of a public riot, that "the vain clamors -of the people are not to be heeded, seeing that it is in no wise -necessary to pay any attention to the cries of those desiring the -acquittal of the guilty, or the condemnation of the innocent."[121] - -Pilate yielded to the demands of the mob when his country's laws forbade -it. His intellect willed the execution of an innocent man when his -conscience condemned it. "Such was the man whose cowardice, made -manifest in the most supreme and memorable act of injustice the world -has ever known, was destined to earn him eternal infamy. To him and to -no others pointed the poet as - - 'colui - Che fece per viltate il gran rifiuto;' - -to him, the prototype of that long train of those who were never quite -alive, who vainly sought glory in this world, vainly dreaded infamy; -who, ever wavering betwixt good and evil, washed their hands; who, like -the neutral angels of the threshold, were neither faithful nor -rebellious; who are equally despised by pity and justice; who render -themselves - - 'A Dio spiacenti ed ai nemici sui.' - -And what man other than Pilate was ever placed so typically, in such -accordance with the eyes of the poet, between the Son of God and His -enemies, between justice and mercy, between right and wrong, between the -Emperor and the Jews, and has refused either issue of the dilemma? - -"Was it Celestine, Diocletian, or Esau? But they of two things chose the -one; and who knows but that they chose the better? A hermitage and a -mess of pottage may under many aspects be better worth than the papacy -renounced by Celestine, than the empire abdicated by Diocletian, or than -the birthright bartered by Esau. But Pilate refused to choose, and his -refusal was great--great enough to justify the antonomasia of Dante--and -it was cowardly. He refused not only the great gift of free will in a -case when a free choice was his absolute duty. When admitted, like the -fallen angels, to the great choice between good and evil, he did not -cleave for ever to the good, as did St. Michael, or to the evil, as did -Lucifer, but he refused a power which for him was the fount of duty and -which cost the life of a man and the right of an innocent." - -But was Pilate alone guilty of the crime of the crucifixion? Were the -Jews wholly blameless? This raises the question: Who were the real -crucifiers of the Christ, the Jews or the Romans? That the Jews were the -instigators and the Romans the consummators of the crucifixion is -evident from the Gospel narratives. The Jews made the complaint, and the -Romans ordered and effected the arrest of the prisoner in Gethsemane. -Having tried Him before their own tribunal, the Jews then led Jesus away -to the Roman governor, and in the Prętorium accused Him and furnished -evidence against Him. But the final act of crucifying was a Roman act. -It is true that Jewish elements were present in the crucifixion of -Jesus. The death draught offered Him on the cross suggests a humane -provision of Hebrew law. This drink was usury administered among the -Hebrews "so that the delinquent might lose clear consciousness through -the ensuing intoxication." Again, the body of Jesus was removed from the -cross and buried before it was night. This was in deference to an -ancient custom of the Jews to bury criminals before sunset who had first -been executed by stoning for the crime of blasphemy and had then been -subjected to the indignity of being hung upon a tree, in conformity with -a Mosaic ordinance contained in Deut. xxi. 22. But these two incidents -exhaust the Jewish features of the crucifixion; and, besides, these -elements were merely physical. The spiritual or moral features, -involving turpitude and crime, are entirely different considerations -from those that are simply historical. The question still arises: Who -were the morally guilty parties? Who were the directly responsible -agents of the crucifixion, the Jews or the Romans? Upon whom should the -greater blame rest, if both were guilty? A passage from St. John seems -to indicate that the Jews were the bearers of the greater sin. Replying -to a question of Pilate concerning the procurator's power to crucify -Him, "Jesus answered, Thou couldest have no power at all against me, -except it were given thee from above; therefore he that delivered me -unto thee hath the greater sin."[122] According to many commentators, -Jesus referred to Caiaphas; according to others, He spoke of Judas as -the person who had the greater sin. But in any case it is certain that -He did not intend to involve the whole Jewish nation in the crime of His -arrest and execution. The language of the scriptural context indicates a -single person. Pilate, on the one hand, is made the silent instrument in -the hands of God for the accomplishment of the designs of Heaven. -Caiaphas, on the other hand, is probably referred to as the one having -the greater sin, because, being the high priest of the Sanhedrin, he -better understood the questions involved in the religious charge of -blasphemy, and was, therefore, the greater sinner against the laws of -God, in the matter of the injustice then being perpetrated. - -[Illustration: THE CRUCIFIXION (MUNKACSY)] - -Aside from the religious questions involved, and speaking in the light -of history and law, our own judgment is that the real crucifiers of the -Christ were the Romans, and that Pilate and his countrymen should bear -the greater blame. It is true that the Jews were the instigators, the -accusers. But Pilate was the judge whose authority was absolute. The -Jews were powerless to inflict the death penalty. Pilate had the final -disposition of all matters of life and death. In short, he could have -prevented the crucifixion of Jesus. He did not do so; and upon him and -his countrymen should rest the censure of Heaven and the execration of -mankind. - -But, admitting that the priests of the Sanhedrin were equally guilty -with Pilate and the Romans, does it follow that all Jews of the days of -Jesus who were not participants in the crime against him, should suffer -for the folly and criminal conduct of a mere fragment of a Sadducean -sect? Is it not true that the Jewish people, as a race, were not parties -to the condemnation and execution of the Christ? Is it not reasonable to -suppose that the masses in Palestine were friendly to the democratic -Reformer who was the friend of the poor, the lame, and the blind? Did -not the reception of his miracles and his triumphal entry into Jerusalem -indicate His popularity with the plain people? Is it not historically -true that the great body of the Jewish population in Judea, in Galilee, -in Samaria, and in Perea, was unfriendly to the members of the -Sanhedrin, and regarded them as political renegades and religious -delinquents? Is it not reasonably certain that a large majority of the -countrymen of Jesus were his ardent well-wishers and sincerely regretted -his untimely end? Is it possible to conceive that these friends and -well-wishers were the inheritors of the curse of Heaven because of the -crime of Golgotha? If not, is it rational to suppose that their innocent -descendants have been the victims of this curse? - -The cruel and senseless notion of the implacable wrath of Deity has -prevailed in all the ages as an explanation of the destruction of -Jerusalem and the dispersion and persecution of the Jews. It is worse -than nonsense to see in this event anything but the operation of vulgar -physical forces of the most ordinary kind. The fall of Jerusalem was a -most natural and consequential thing. It was not even an extraordinary -historical occurrence, even in Jewish history. Titus did not so -completely destroy Jerusalem as did Nebuchadnezzar before him. Razing -cities to the ground was a customary Roman act, a form of pastime, a -characteristic Roman proceeding in the case of stubborn and rebellious -towns. Scipio razed Carthage and drove Carthaginians into the most -remote corners of the earth. Was any Roman or Punic god interested in -this event? Cęsar destroyed many Gallic cities and scattered Gauls -throughout the world. Was any deity concerned about these things? - -Roman admiration was at times enkindled, but Roman clemency was never -gained by deeds of valor directed against the arms of Rome. Neither -Hannibal nor Mithradates, Vercingetorix nor Jugurtha, the grandest of -her enemies, received any mercy at her hands. To oppose her will, was to -invite destruction; and the sequel was a mere question of "the survival -of the fittest." The most turbulent, rebellious and determined of all -the imperial dependencies was the province of Judea. The Jews regarded -the Romans as idolaters; and, instead of obeying them as masters, -despised and defied them as barbarians. When this spirit became manifest -and promised to be perpetual, the dignity of the Roman name as well as -the safety of the Roman State, demanded the destruction of Jerusalem and -the dispersion of the Jews. And destruction and dispersion followed as -naturally as any profane effect follows any vulgar cause. - -The Irish, another splendid race, are being dispersed throughout the -earth by the English domination of Ireland. Is anybody so keenly -discerning as to see in Irish dispersion a divine or superhuman agency? -Is it not, after all, the simple operation of the same brutal, physical -forces that destroyed Carthage and Jerusalem, and, in a latter century, -dismembered Poland? - -But the advocates of the divine wrath theory quote Scriptures and point -to prophecy in support of their contention. Then Scriptures must be -pitted against Scriptures. The last prayer of the Master on the cross -must be made to repeal every earlier Scriptural prophecy or decree. -"Father, forgive them, for they know not what they do," is the sublimest -utterance in the literature of the world. It is the epitome of every -Christian virtue and of all religious truth. This proclamation from the -cross repealed the Mosaic law of hereditary sin; placed upon a personal -basis responsibility for offenses against God and man; and served notice -upon future generations that those who "know not what they do" are -entitled to be spared and forgiven. To believe that God ignored the -prayer of Christ on the cross; and that the centuries of persecution of -the Jews which followed, were but the fulfillment of prophecy and fate, -is to assail the Messiahship of Jesus and to question the goodness and -mercy of Jehovah. Jesus knew the full meaning of His prayer and was -serious unto death. To believe that the Father rejected the petition of -the Son is to destroy the equality of the persons of the Trinity by -investing one with the authority and power to review, revise, and reject -the judgments and petitions of the others. If the Christian doctrine be -true that Christ was God "manifest in the flesh"; if the doctrine of the -Trinity be true that God the Father, God the Son, and God the Holy -Ghost, are one and the same, eternal and inseparable, then the prayer of -Jesus on the cross was not a petition, but a declaration that the -malefactors of the crucifixion, who, in the blindness of ignorance, had -helped to kill the Son of Man, would receive at the Last Day the -benefits of the amnesty of the Father of mercy and forgiveness. - -If the perpetrators of the great injustice of the Sanhedrin and of the -Prętorium are to be forgiven because they knew not what they did, is -there any justice, human or divine, in persecuting their innocent -descendants of all lands and ages? "When Sir Moses Montefiore was -taunted by a political opponent with the memory of Calvary and described -by him as one who sprang from the murderers who crucified the world's -Redeemer, the next morning the Jewish philanthropist, whom Christendom -has learned to honor, called upon his assailant and showed him the -record of his ancestors which had been kept for two thousand years, and -which showed that their home had been in Spain for two hundred years -before Jesus of Nazareth was born." This half-humorous anecdote -illustrates the utter absurdity and supreme injustice of connecting the -modern Jew with ancient tragic history. The elemental forces of reason, -logic, courage and sympathy, wrapped up and interwoven in every impulse -and fiber of the human mind and heart, will be forever in rebellion -against the monstrous doctrine of centuries of shame, exile and -persecution visited upon an entire race, because of the sins and crimes -of a handful of their progenitors who lived more than a thousand years -before. - -But, if the visitation of the sins of the fathers upon the sons is to be -maintained, and perpetuated as a form of divine, if not of human -justice, then, why not, at least, be consistent in the application of -the principle? Many philosophers and critics have detected a striking -kinship between the teachings of Socrates and those of Jesus. A -celebrated historian closes a chapter of the history of Greece with this -sentence: "Thus perished the greatest and most original of the Grecian -philosophers (Socrates), whose uninspired wisdom made the nearest -approach to the divine morality of the Gospel."[123] The indictments -against the philosopher of Athens and the Prophet of Nazareth were -strikingly similar. Socrates was charged with corrupting Athenian youth; -Jesus, with perverting the nation. Socrates was charged with treason -against Athens; Jesus, with treason against Rome. Both were charged with -blasphemy; the Athenian, with blasphemy of the Olympic gods; the -Nazarene, with blaspheming Jehovah. Both sealed with their blood the -faith that was in them. If the descendants of the crucifiers of the -Christ are to be persecuted, brutalized, and exiled for the sins of the -fathers, why not apply the same pitiless law of hereditary punishment to -the descendants of the Athenian dicasts who administered hemlock to the -greatest sage of antiquity? Why not persecute all the Greeks of the -earth, wherever found, because of the injustice of the Areopagus? - -Coming back from antiquity and the Greeks to modern times in America, -let us express the hope that all forms of race prejudice and persecution -will soon cease forever. It is a truth well known of all intelligent men -that racial prejudice against the Jew has not completely vanished from -the minds and hearts of Gentiles; that political freedom in an -enlightened age has not brought with it full religious tolerance and -social recognition; that the Jew enjoys the freedom of the letter, but -is still under the ban of the spirit. It is not necessary to go to -Russia to prove this contention. In 1896, Adolf von Sonnenthal, the -greatest of modern actors, who has covered the Austrian stage with -glory, celebrated the fortieth anniversary of his entrance into -theatrical life. The City Council of Vienna refused to extend him the -freedom of the city, because he was a Jew. In 1906, Madame Bernhardt, -the most marvelous living woman, while acting in Canada, was insulted by -having spoiled eggs thrown upon the stage amidst shouts of "Down with -the Jewess!" This outrage called forth a letter of apology, which -appeared in public print, from Sir Wilfred Laurier, Prime Minister of -the Dominion. In the summer of 1907, the sister of Senator Isidor -Rayner, of Maryland, was refused admission to an Atlantic City hotel -because she was a Jewess. Be it remembered that these several acts of -prejudice and persecution did not happen in the Middle Ages, or under -the government of the Romanoffs. Two of them occurred at the beginning -of the twentieth century, beneath the flags of two of the freest and -most civilized nations of the globe. What have Americans to say of the -exclusion of a virtuous, refined, intelligent sister of a great American -senator from an American hotel for no other reason than that she was a -Jewess; that is, that she was of the same race with the Savior of -mankind? - -There is certainly no place for religious intolerance and race prejudice -beneath our flag. Fake and hypocritical our religion, if while -professing faith in Jesus we continue to persecute those for whom He -prayed! In vain did Washington, marching in Liberty's vanguard, "lead -Freedom's eaglets to their feast"; in vain the proclamation of the -Declaration of Independence and the adoption of the Constitution at -Philadelphia, a hundred years ago; in vain the bonfires and orations of -the nation's natal day, if our boasted liberties are to exist in theory, -but not in practice, in fancy, but not in fact! - -Let no persecutor of the Jew lay the unction to his soul that he is -justified by the tragedy of Golgotha; for he who persecutes in the name -of religion is a spiritual barbarian, an intellectual savage. Let this -same persecutor not make the mistake of supposing that the Jews are -wholly responsible for the persecution that has been heaped upon them. -Before he falls into the foolish blunder of such a supposition, let him -ponder the testimony of several Gentile experts upon the subject. Let -him read "The Scattered Nation," a brilliant lecture on the Jew by the -late Zebulon Vance, of North Carolina, in which occurs this sentence: -"If the Jew is a bad job, in all honesty we should contemplate him as -the handiwork of our own civilization." Let him find Shakespearean -confirmation of this statement in "The Merchant of Venice," Act III, -Scene i. If the Jew-baiter objects that this is the imagination of a -poet, let us then point him to the testimony of a great historian and -statesman to prove to him that the Gentile is in great measure -responsible for the causes that have produced Jewish persecution. - -In the British House of Commons, on April 17, 1873, a bill for the -removal of the disabilities of the Jews was the subject of parliamentary -discussion. Lord Macaulay took part in the debate and spoke as follows: - - The honorable member for Oldham tells us that the Jews are - naturally a mean race, a money-getting race; that they are averse - to all honorable callings; that they neither sow nor reap; that - they have neither flocks nor herds; that usury is the only pursuit - for which they are fit; that they are destitute of all elevated and - amiable sentiments. - - Such, sir, has in every age been the reasoning of bigots. They - never fail to plead in justification of persecution the vices which - persecution has engendered. England has been legally a home to the - Jews less than half a century, and we revile them because they do - not feel for England more than a half patriotism. - - We treat them as slaves, and wonder that they do not regard us as - brethren. We drive them to mean occupations, and then reproach them - for not embracing honorable professions. We long forbade them to - possess land, and we complain that they chiefly occupy themselves - in trade. We shut them out from all the paths of ambition, and then - we despise them for taking refuge in avarice. - - During many ages we have, in our dealings with them, abused our - immense superiority of force, and then we are disgusted because - they have recourse to that cunning which to the natural and - universal defence of the weak against the violence of the strong. - But were they always a mere money-changing, money-getting, - money-hoarding race? Nobody knows better than my honorable friend, - the member for the University of Oxford, that there is nothing in - their national character which unfits them for the highest duties - of citizens. - - He knows that, in the infancy of civilization, when our island was - as savage as New Guinea, when letters and art were still unknown to - Athens, when scarcely a thatched hut stood on what was afterwards - the site of Rome, this contemned people had their fenced cities and - cedar palaces, their splendid Temple, their fleets of merchant - ships, their schools of sacred learning, their great statesmen and - soldiers, their natural philosophers, their historians and their - poets. - - What nation ever contended more manfully against overwhelming odds - for its independence and religion? What nation ever, in its last - agonies, gave such signal proofs of what may be accomplished by a - brave despair? And if, in the course of many centuries, the - depressed descendants of warriors and sages have degenerated from - the qualities of their fathers; if, while excluded from the - blessings of law and bowed down under the yoke of slavery, they - have contracted some of the vices of outlaws and slaves, shall we - consider this is a matter of reproach to them? Shall we not rather - consider it as a matter of shame and remorse to ourselves? Let us - do justice to them. Let us open to them the door of the House of - Commons. Let us open to them every career in which ability and - energy can be displayed. Till we have done this, let us not presume - to say that there is no genius among the countrymen of Isaiah, no - heroism among the descendants of the Maccabees. - -If the persecutor of the Jew is not moved by the eloquence of Macaulay -or by the satire and sarcasm of Shakespeare, then let him call the roll -of Hebrew great names and watch the mighty procession as it moves. -Abraham among patriarchs; Moses among lawgivers; Isaiah and Jeremiah -among prophets; Philo, Maimonides, Spinoza, and Mendelsohn among -philosophers; Herschel, Sylvester, Jacobi, and Kronecker among -mathematicians and astronomers; Josephus, Neander, Graetz, Palgrave, and -Geiger among historians; Mendelssohn, Meyerbeer, Offenbach, Goldmark, -Joachim, Rubinstein, and Strauss among musicians; Sonnenthal, Possart, -Rachel, and Bernhardt among actors and actresses; Disraeli, Gambetta, -Castelar, Lasker, Crémieux, and Benjamin among statesmen; Halevi and -Heine among poets; Karl Marx and Samuel Gompers among labor leaders and -political economists; the Rothschilds, Bleichrörders, Schiffs, and -Seligmans among financiers; Auerbach and Nordau among novelists; Sir -Moses Montefiore and Baron Hirsch among philanthropists! - -But there are no Cęsars, no Napoleons, no Shakespeares, no Aristotles -among them, you say? Maybe so; but what of that? Admitting that this is -true, is anything proved by the fact? These characters represented -mountain peaks of intellect, and were the isolated products of different -races and different centuries. It may be justly observed that, of their -kind, no others were comparable to them. But if the "mountain-peak" -theory is to govern as to the intellectuality of races, will it be -seriously contended that any one of the last-mentioned characters was -equal in either spiritual or intellectual grandeur to the Galilean -peasant, Jesus of Nazareth? If colossal forms of intellect and soul be -invoked, does not the Jew still lead the universe? - -Jesus was the most perfect product of Jewish spiritual creation, the -most precious gem of human life. The most brilliant and civilized -nations of the earth worship Him as God, "manifest in the flesh, -justified by the Spirit, seen of angels, preached unto the Gentiles, -believed on in the world, received up into glory."[124] - -Both skeptics and believers of all ages have alike pronounced His name -with reverence and respect. Even the flippant, sarcastic soul of -Voltaire was awed, softened and subdued by the sweetness of His life and -the majesty of His character.[125] - -"If the life and death of Socrates are those of a sage," said Rousseau, -"the life and death of Jesus are those of a God."[126] - -"Jesus of Nazareth," says Carlyle, "our divinest symbol! Higher has the -human thought not yet reached. A symbol of quite perennial, infinite -character, whose significance will ever demand to be anew inquired into, -and anew made manifest."[127] - -"Jesus Christ," says Herder, "is in the noblest and most perfect sense, -the realized ideal of humanity."[128] - -"He is," says Strauss, "the highest object we can possibly imagine with -respect to religion, the Being without whose presence in the mind -perfect piety is impossible."[129] - -"The Christ of the Gospels," says Renan, "is the most beautiful -incarnation of God in the most beautiful of forms. His beauty is -eternal; His reign will never end."[130] - -Max Nordau betrays secret Jewish pride in Jesus when he says: "Jesus is -soul of our soul, even as he is flesh of our flesh. Who, then, could -think of excluding him from the people of Israel? St. Peter will remain -the only Jew who has said of the Son of David, 'I know not the man.' -Putting aside the Messianic mission, this man is ours. He honors our -race, and we claim him as we claim the Gospels--flowers of Jewish -literature and only Jewish." - -"Is it a truth," asks Keim, "or is it nothing but words, when this -virtuous God-allied human life is called the noblest blossom of a noble -tree, the crown of the cedar of Israel? A full vigorous life in a barren -time, a new building among ruins, an erect strong nature among broken -ones, a Son of God among the godless and the God-forsaken, one who was -joyous, hopeful, generous among those who were mourning and in despair, -a freeman among slaves, a saint among sinners--by this contradiction to -the facts of the time, by this gigantic exaltation above the depressed -uniformity of the century, by this compensation for stagnation, -retrogression, and the sickness of death in progress, health, force and -color of eternal youth--finally, by the lofty uniqueness of what he -achieved, of his purity, of his God-nearness--he produces, even with -regard to endless new centuries that have _through him_ been saved from -stagnation and retrogression, the impression of mysterious -solitariness, superhuman miracle, divine creation."[131] - -"Between Him and whoever else in the world," said Napoleon at St. -Helena, "there is no possible term of comparison."[132] - -Throughout Napoleonic literature two names constantly recur as -exhibiting the Corsican's ideals of spiritual and intellectual -perfection. These names are those of Jesus Christ and Julius Cęsar. -Napoleon's stupendous genius and incomprehensible destiny formed the -basis of a secret conviction within his soul that with Jesus and Cęsar -displaced, he himself would be the grandest ornament of history. But in -the mind of the emperor there was no element of equality or comparison -between Jesus and Cęsar. The latter he regarded as the crown and -consummation of Roman manhood, the most superb character of the ancient -world. The former he believed to be divine. - -It was the custom of Napoleon while in exile at St. Helena to converse -almost daily about the illustrious men of antiquity and to compare them -with himself. On one occasion while talking upon his favorite theme with -an officer, one of the companions of his exile, he suddenly stopped and -asked: "But can you tell me who Jesus Christ was?" In reply, the officer -candidly confessed that he had never thought much about the Nazarene. -"Well, then," said Napoleon, "I will tell you." The illustrious captive -then compared Jesus with the heroes of antiquity and finally with -himself. The comparison demonstrated how paltry and contemptible was -everything human when viewed in the light of the divine character and -sublime achievements of the Man of Nazareth. "I think I understand -somewhat of human nature," said Napoleon, "and I tell you all these were -men, and I am a man, but not one is like Him; Jesus Christ was more than -man. Alexander, Cęsar, Charlemagne, and myself founded great empires; -but upon what did the creations of our genius depend? Upon force. Jesus -alone founded His empire upon love, and to this very day millions would -die for Him."[133] - -We have every reason to believe that the homage paid the character of -Jesus by Napoleon was not merely the product of his brain, but was also -the humble tribute of his heart. When the disasters of the Russian -campaign broke upon his fortunes, when "the infantry of the snow and the -cavalry of the wild blast scattered his legions like winter's withered -leaves," the iron-hearted, granite-featured man who had "conquered the -Alps and had mingled the eagles of France with the eagles of the crags," -only laughed and joked. But, while contemplating the life and death of -Jesus, he became serious, meditative and humble. And when he came to -write his last will and testament, he made this sentence the opening -paragraph: "I die in the Roman Catholic Apostolical religion, in the -bosom of which I was born more than fifty years ago."[134] The -Christianity of Napoleon has been questioned. It is respectfully -submitted that only an ungenerous criticism will attribute hypocrisy to -this final testimony of his religious faith. The imperial courage, the -grandeur of character, and the loftiness of life of the greatest of the -emperors negative completely the thought of insincerity in a declaration -made at a time when every earthly inducement to misrepresentation had -passed forever. - -But Jesus was not the Christ, the Savior of warrior-kings alone, in the -hour of death. On the battlefield of Inkerman an humble soldier fell -mortally wounded. He managed to crawl to his tent before he died. When -found he was lying face downward with the open Bible beside him. His -right hand was glued with his lifeblood to Chapter XI., Verse 25 of St. -John. When the hand was lifted, these words, containing the ever-living -promise of the Master, could be clearly traced: "I am the resurrection -and the life: he that believeth in me, though he were dead, yet shall he -live." - - - - - PART II - - _GRĘCO-ROMAN PAGANISM_ - - - - -[Illustration: JUPITER (ANTIQUE SCULPTURE)] - - - - -CHAPTER I - -GRĘCO-ROMAN PAGANISM - - -_Extent of the Roman Empire at the Time of Christ._--The policy of -ancient Rome was to extend and hold her possessions by force of arms. -She made demands; and if they were not complied with, she spurned the -medium of diplomacy and appealed for arbitrament to the god of battles. -Her achievements were the achievements of war. Her glories were the -glories of combat. Her trophies were the treasures of conquered -provinces and chained captives bowed in grief and shame. Her theory was -that "might makes right"; and in vindication and support of this theory -she imbued her youth with a martial spirit, trained them in the use of -arms from childhood to manhood, and stationed her legions wherever she -extended her empire. Thus, military discipline and the fortune of -successful warfare formed the basis of the prosperity of Rome. - -At the period of which we write, her invincible legions had accomplished -the conquest of the civilized earth. Britain, Gaul, Spain, Italy, -Illyria, Greece, Asia Minor, Africa, Egypt, and the islands of the -Mediterranean--six hundred thousand square leagues of the most fertile -territory in the world--had been subdued to the Roman will and had -become obedient to Roman decrees. "The empire of the Romans," says -Gibbon, "filled the world, and when that empire fell into the hands of a -single person, the world became a safe and dreary prison for his -enemies. The slave of imperial despotism, whether he was compelled to -drag his gilded chain in Rome and the Senate, or to wear out a life of -exile on the barren rock of Seriphus, or on the frozen banks of the -Danube, expected his fate in silent despair. To resist was fatal, and it -was impossible to fly. On every side he was encompassed by a vast extent -of sea and land, which he could never hope to traverse without being -discovered, seized, and restored to his irritated master. Beyond the -frontiers, his anxious view could discover nothing, except the ocean, -inhospitable deserts, hostile tribes of barbarians, of fierce manners -and unknown language, or dependent kings who would gladly purchase the -emperor's protection by the sacrifice of an obnoxious fugitive. -'Wherever you are,' said Cicero to the exiled Marcellus, 'remember that -you are equally within the power of the conqueror.'" - -In obedience to a universal law of development and growth, when the -Roman empire had reached the limits of physical expansion, when Roman -conquest was complete, when Roman laws and letters had reached -approximate perfection, and when Roman civilization had attained its -crown and consummation, Roman decline began. The birth of the empire -marked the beginning of the end. It was then that the shades of night -commenced to gather slowly upon the Roman world; and that the Roman ship -of state began to move slowly but inevitably, upon a current of -indescribable depravity and degeneracy, toward the abyss. The Roman -giant bore upon his shoulders the treasures of a conquered world; and -Bacchus-like, reeled, crowned and drunken, to his doom. - -No period of human history is so marked by lust and licentiousness as -the history of Rome at the beginning of the Christian era. The Roman -religion had fallen into contempt. The family instinct was dead, and the -marital relation was a mockery and a shame. The humane spirit had -vanished from Roman hearts, and slavery was the curse of every province -of the empire. The destruction of infants and the gladiatorial games -were mere epitomes of Roman brutality and degeneracy. Barbarity, -corruption and dissoluteness pervaded every form of Roman life. - -A perfect picture of the depravity of the times about which we write may -be had from a perusal of the Roman satirists, Tacitus and Juvenal. The -ordinary Roman debauchee was not the sole victim of their wrath. They -chiseled the hideous features of the Cęsars with a finer stroke than -that employed by Phidias and Praxiteles in carving statues of the -Olympic gods. - -The purpose of Part II of this volume is to give coloring and atmosphere -to the picture of the trial and crucifixion of Jesus by describing: (1) -The Gręco-Roman religion; and (2) the Gręco-Roman social life, during -the century preceding and the century following the birth of the Savior. - - -1.--THE GRĘCO-ROMAN RELIGION - -_Origin and Multiplicity of the Roman Gods._--The Romans acquired their -gods by inheritance, by importation, and by manufacture. The Roman race -sprang from a union of Etruscans, Latins, and Sabines; and the gods of -these different tribes, naturalized and adopted, were the first deities -of Rome. Chief among them were Janus, Jupiter, Juno, and Minerva. Other -early Roman deities were Sol, the Sun, and Luna the Moon, both of Sabine -origin; Mater Matuta, Mother of Day; Divus Pater Tiberinus, or Father -Tiber; Fontus, the god of fountains; Vesta, the goddess of the hearth; -and the Lares and Penates, household gods. - -These primitive Italian divinities were at first mere abstractions, -simple nature-powers; but later they were Hellenized and received -plastic form. The Greeks and Romans had a common ancestry and the -amalgamation of their religions was an easy matter. The successive steps -in the process of blending the two forms of worship are historical. From -Cumę, one of the oldest Greek settlements in Italy, the famous Sibylline -books found their way to Rome; and through these books the Greek gods -and their worship established themselves in Italy. The date of the -arrival of several of the Hellenic deities is well ascertained. The -first temple to Apollo was vowed in the year 351 A.U.C. To check a -lingering epidemic of pestilence and disease, the worship of Ęsculapius -was introduced from Epidaurus into Rome in the year 463. In 549, -Cybele, the Idęan mother, was imported from Phrygia, in the shape of a -black stone, and was worshiped at Rome by order of the Sibylline books. - -In various ways, the Hellenization of the Roman religion was -accomplished. The Decemviri, to whom the consulting of the Sibylline -books was intrusted, frequently interpreted them to mean that certain -foreign gods should be invited at once to take up their residence in -Rome. - -The introduction of Greek literature also resulted in the importation of -Greek gods. The tragedies of Livius Andronicus and the comedies of -Nęvius, founded upon Greek legends of gods and heroes, were presented in -Rome in the later years of the third century B.C. Fragments of Greek -literature also began to make their way into the Capital about this -time. Philosophers, rhetoricians, and grammarians flocked from Greece to -Italy and brought with them the works of Homer, Hesiod and the Greek -philosophers, whose writings were permeated with Greek mythology. - -Grecian sculpture was as potent as Grecian literature in transforming -and Hellenizing the religion of Rome. The subjugation of the Greek -colonies in the south of Italy and the conquests of Greek cities like -Syracuse and Corinth in the East, brought together in Rome the -masterpieces of the Greek sculptors. - -A determined effort was made from time to time by the patriotic Romans -to destroy Hellenic influence and to preserve in their original purity -early Roman forms of worship. But all attempts were futile. The average -Roman citizen, though practical and unimaginative, was still enamored of -the beautiful myths and exquisite statues of the Greek gods. And it was -only by Hellenizing their own deities that they could bring themselves -into touch and communion with the Hellenic spirit. The ęsthetical and -fascinating influence of the Greek language, literature and sculpture, -was overwhelming. "At bottom, the Roman religion was based only on two -ideas--the might of the gods who were friendly to Rome, and the power of -the ceremonies over the gods. How could a religion, so poverty-stricken -of thought, with its troops of phantom gods, beingless shadows and -deified abstractions, remain unscathed and unaltered when it came in -contact with the profusion of the Greek religion, with its circle of -gods, so full of life, so thoroughly anthropomorphised, so deeply -interwoven into everything human?"[135] - -Not only from Greece but from every conquered country, strange gods were -brought into Italy and placed in the Roman pantheon. When a foreign city -was besieged and captured, the Romans, after a preliminary ceremony, -invited the native gods to leave their temples and go to Rome where, -they were assured, they would have much grander altars and would receive -a more enthusiastic worship. It was a religious belief of the ancient -masters of the world that gods could be enticed from their allegiance -and induced to emigrate. In their foreign wars, the Romans frequently -kept the names of their own gods secret to prevent the enemy from -bribing them. - -The gods at Rome increased in number just in proportion that the empire -expanded. The admission of foreign territory brought with it the -introduction of strange gods into the Roman worship. - -When the Romans needed a new god and could not find a foreign one that -pleased them, they deliberately manufactured a special deity for the -occasion. In the breaking up and multiplication of the god-idea, they -excelled all the nations of antiquity. It was the duty of the pontiffs -to manufacture a divinity whenever an emergency arose and one was -needed. The god-casting business was a regular employment of the -Decemviri and the Quindecemviri; and a perusal of the pages of Roman -history reveals these god-makers actively engaged in their workshops -making some new deity to meet some new development in Roman life. - -The extent of the polytheistic notions of the ancient Romans is almost -inconceivable to the modern mind. Not only were the great forces of -nature deified, but the simplest elements of time, of thought, and -action. Ordinary mental abstractions were clothed with the attributes of -gods. Mens (Mind), Pudicitia (Chastity), Pietas (Piety), Fides -(Fidelity), Concordia (Concord), Virtus (Courage), Spes (Hope), and -Voluptas (Pleasure), were all deities of the human soul, and were -enthusiastically worshiped by the Romans. A single human action was -frequently broken into parts each of which had a little god of its own. -The beginning of a marriage had one deity and its conclusion, another. -Cunina was the cradle-goddess of a child. Statilinus, Edusa, Potnia, -Paventia, Fabelinus and Catius were other goddesses who presided over -other phases of its infancy. Juventas was the goddess of its youth; and, -in case of loss of parents, Orbona was the goddess that protected its -orphanage. - -Any political development in the Roman state necessitated a new divinity -to mark the change. In the early periods of their history, the Romans -used cattle as a medium of exchange in buying and bartering. Pecunia was -then the goddess of such exchange. But when, in later times, copper -money came into use, a god called Ęsculanus was created to preside over -the finances; and when, still later, silver money began to be used, the -god Argentarius was called into being to protect the coinage. This -Argentarius was naturally the son of Ęsculanus. - -Not only the beneficent but the malign forces of nature were deified. -Pests, plagues, and tempests had their special divinities who were to be -placated. "There were particular gods for every portion of a -dwelling--the door, the threshold of the door, and even the hinges of -the door. There was a special god for each different class--even the -most menial and the most immoral; and a special divinity for those who -were afflicted in a peculiar manner, such as the childless, the maimed -or the blind. There was the god of the stable, and the goddess of the -horses; there were gods for merchants, artists, poets and tillers of the -soil. The gods must be invoked before the harvest could be reaped; and -not even a tree could be felled in the forest without supplicating the -unknown god who might inhabit it."[136] - -The extreme of the Roman divinity-making process was the deification of -mere negative ideas. Tranquillitas Vacuna was the goddess of "doing -nothing." - -Not only were special actions and peculiar ideas broken up and -subdivided with an appropriate divinity for each part or subdivision, -but the individual gods themselves were subdivided and multiplied. It is -said that there were three hundred Jupiters in Rome. This means that -Jupiter was worshiped under three hundred different forms. Jupiter -Pluvius, Jupiter Fulgurator, Jupiter Tonans, Jupiter Fulminator, Jupiter -Imbricitor, Jupiter Serenator, were only a few designations of the -supreme deity of the Romans. - -It will thus be seen that polytheism was insatiable in its thirst for -new and strange gods. When the god-casting business was once begun, -there was no end to it. And when the Roman empire had reached its -greatest expansion, and Roman public and private life had attained to -complete development, the deities of the Roman religion were -innumerable. No pantheon could hold them, and no Roman could remember -the names of all. Temples of the gods were everywhere to be found -throughout the empire; and where there were no altars or temples, -certain trees, stones and rocks were decorated with garlands and -worshiped as sacred places which the gods were supposed to frequent. -Thus the Roman world became crowded with holy places, and the gods and -goddesses became an innumerable host. Petronius makes a countrywoman -from a district adjoining Rome declare that it was much easier to find a -god in her neighborhood than a man. We shall see that the multiplicity -of the gods was finally the cause of the decay and ruin of the Roman -religion. - -_The Roman Priesthood._--The Roman priesthood was composed of several -orders of pontiffs, augurs, keepers of the Sibylline books, Vestal -virgins, epulos, salians, lupercals, etc. - -Fifteen pontiffs exercised supreme control in matters of religion. They -were consecrated to the service of the gods; and all questions of -doubtful religious interpretation were submitted to the judgment of -their tribunal. - -Fifteen learned and experienced augurs observed the phenomena of nature -and studied the flight of birds as a means of directing the actions of -the state. - -Fifteen keepers of the Sibylline books read the pages of their treasures -and from them divined coming events. - -Six Vestals, immaculate in their virginity, guarded the Roman sacred -fire, and presided at the national hearthstone of the Roman race. - -Seven epulos conducted the solemn processions and regulated the -religious ceremonies at the annual festivals of the gods. - -Fifteen flamens were consecrated to the service of separate deities. -Those of Jupiter, Mars, and Quirinus were held in the highest esteem. -The Flamen Dialis, or priest of Jupiter, was loaded down with religious -obligations and restrictions. He was not permitted to take an oath, to -ride, to have anything tied with knots on his person, to look at a -prisoner, see armed men, or to touch a dog, a goat, or raw flesh, or -yeast. He was not allowed to bathe in the open air; nor could he spend -the night outside the city. He could resign his office only on the death -of his wife. The Salians were priests of Mars, who, at festivals -celebrated in honor of the war-god, danced in heavy armor, and sang -martial hymns. - -_Roman Forms of Worship._--Roman worship was very elaborate and -ceremonial. It consisted of sacrifices, vows, prayers, and festivals. -With the exception of the ancient Hebrews, the Romans were the greatest -formalists and ritualists of antiquity. Every act of Roman public and -private life was supposed to be framed in accordance with the will of -the gods. There was a formula of prayer adapted to every vicissitude of -life. Cęsar never mounted his chariot, it is said, that he did not -repeat a formula three times to avert dangers. - -A painful exactness in the use of words was required in the offering of -a Roman prayer. A syllable left out or a word mispronounced, or the -intervention of any disturbing cause of evil import, would destroy the -merit of the formula. The Romans believed that the voice of prayer -should not be interrupted by noises or bad omens. And that the sound of -evil augury might not be heard at the moment of supplication, they were -in the habit of covering their ears. Musical notes of favorable import -were not objectionable, and frequently flutes were played while the -prayer was being offered to chase away disturbing sounds. At other -times, the priests had special assistants whose duty it was to maintain -silence during the recital of the formula. But, if the ceremony was -successful, if the language had been correctly pronounced, without the -omission or addition of a word; if all disturbing causes and things of -evil omen had been alienated from the services, then the granting of the -prayer was assured, regardless of the motive or intention of the person -praying. It should be remembered that piety and faith were not necessary -to the efficacy of Roman prayer. Ceremonial precision, rather than -purity of heart, was pleasing to the Roman gods. A peculiar element -entered into the religions of both the ancient Romans and the ancient -Hebrews. It was the principle of contract in an almost purely juristic -sense. Both the Romans and the Hebrews believed that if the divine law -was obeyed to the letter, their deities were under the strictest -obligation to grant their petitions. - -Under the Roman form of worship, a peculiar act of supplication was -performed by the suppliant who kissed his right hand, turned round in a -circle by the right, and then seated himself upon the ground. This was -done in obedience to one of the laws of Numa. The circular movement of -the earth, it was thought, was symbolized by the turning round in a -circle; and the sitting down indicated that the suppliant was confidant -that his prayer would be granted. - -The Romans believed that prayers were more efficacious if said in the -immediate presence and, if possible, in actual contact with the image of -the god. The doorkeepers of the temple were frequently besieged by -suppliants who begged to be admitted into the inclosures of the sacred -places where they might pray to the deity on the spot. - -On account of the vast numbers of the gods, the Romans were sometimes at -a loss to know which one to address in prayer. Unlike the Greeks, they -had no preferences among their deities. Each was supplicated in his turn -according to the business in hand. But they were frequently in doubt as -to the name of the god who had control of the subject-matter of their -petitions. In such cases, the practical genius of the Roman people -served them well. They had recourse to several expedients which they -believed would insure success. When in doubt as to the particular -divinity which they should address in supplication, they would, at -times, invoke, in the first place, Janus, the god of all good -beginnings, the doorkeeper, so to speak, of the pantheon, who, it was -believed, would deliver the prayer to the proper deity. At other times, -in such perplexity, they would address their petitions to a group of -gods in which they knew the right one was bound to be. It sometimes -happened that they did not know whether the deity to be supplicated was -a god or goddess. In such an emergency, they expressed themselves very -cautiously, using the alternative proviso: "Be thou god or goddess." At -other times, in cases of extreme doubt, they prayed to all the deities -at once; and often, in fits of desperation, they dismissed the entire -pantheon and addressed their prayers to the Unknown God. - -Another mode of propitiating the gods was by sacrifice. Animals, the -fruits of the fields, and even human beings were devoted to this -purpose. In the matter of sacrifice, the practical genius of the Roman -people was again forcibly manifested. They were tactful enough to adapt -the sacrifice to the whims and tastes of the gods. A provision of the -Twelve Tables was that "such beasts should be used for victims as were -becoming and agreeable to each deity." The framers of these laws -evidently believed that the gods had keenly whetted appetites and -discriminating tastes in the matter of animal sacrifice. Jupiter -Capitolinus was pleased with an offering of white cattle with gilded -horns, but would not accept rams or bulls. Mars, Neptune and Apollo -were, on the other hand, highly delighted with the sacrifice of bulls. -It was also agreeable to Mars to have horses, cocks, and asses -sacrificed in his honor. An intact heifer was always pleasing to the -goddess Minerva. A white cow with moon-shaped horns delighted Juno -Calendaris. A sow in young was sacrificed to the great Mother; and doves -and sparrows to Venus. Unweaned puppies were offered as victims of -expiation to the Lares and Penates. Black bulls were usually slaughtered -to appease the infernal gods. - -The most careful attention was given to the selection of the victims of -sacrifice from the flocks and herds. Any serious physical defect in the -animal disqualified. A calf was not fit for slaughter if its tail did -not reach to the joint of the leg. Sheep with cloven tongues and black -ears were rejected. Black spots on a white ox had to be rubbed white -with chalk before the beast was available for sacrifice. - -Not only animals were sacrificed, but human beings as well, to appease -the wrath of the gods in time of awful calamity. In early Roman history, -gray-headed men of sixty years were hurled from the Pons Sublicius into -the Tiber as an offering to Saturn. In the year 227 B.C., the pontiffs -discovered from the Sibylline books that the Gauls and Greeks were to -attack and capture the city. To fulfill the prophecy and, at the same -time to avert the danger, the senate decreed that a man and woman of -each of these two nations should be buried alive in the forum as a form -of constructive possession. This was nothing but a human sacrifice to -the gods. - -Again, two of Cęsar's soldiers, who had participated in a riot in Rome, -were taken to the Campus Martius and sacrificed to Mars by the pontiffs -and the Flamen Martialis. Their heads were fixed upon the Regia, as was -the case in the sacrifice of the October-horse. As an oblation to -Neptune, Sextus Pompeius had live men and horses thrown into the sea at -the time when a great storm was destroying the fleet of the enemy. - -A near approach to human sacrifice was the custom of sprinkling the -statue of Jupiter Latiaris with the blood of gladiators. A priest caught -the blood as it gushed from the wound of the dying gladiator, and dashed -it while still warm at the face of the image of the god. - -Suetonius tells us that after the capture of Perugia, Augustus Cęsar -slaughtered three hundred prisoners as an expiatory sacrifice to Julius -Cęsar. - -Thus at the beginning of the Christian era, human beings were still -being sacrificed on the altars of superstition. - -_Ascertaining the Will of the Gods._--Various methods were employed by -the Romans in ascertaining the will of the gods. Chief among these were -the art of divination from the flight of birds and from the inspection -of the entrails of animals; also from the observation of lightning and -the interpretation of dreams. The Romans had no oracles like those of -the Greeks, but they frequently sent messengers to consult the Delphic -oracle. - -Nothing is stranger or more disgusting in all the range of religious -history than the practice of the Roman haruspices. That the ancient -masters of the world should have felt themselves obliged to search in -the belly of a beast for the will of Jupiter is one of the abominable -enigmas of Pagan superstition. The inspection of the entrails of victims -was a Tuscan science, early imported from Etruria, and naturalized at -Rome. Tuscan haruspices accompanied the Roman armies everywhere, and -determined by their skill whether a battle should be fought or a retreat -ordered. When it was doubtful what to do, an animal was slaughtered, and -the heart, lungs, liver, tongue, spleen, kidneys and caul were closely -inspected with the aid of a small needle or knife. Various conditions -and appearances of these parts were considered as signs of the pleasure -or disfavor of the gods. Largely developed veins on the adverse side -were considered tokens of extreme displeasure and an indication of -pending misfortune. It was also considered gravely ominous when the head -or protuberance in the right lobe of the liver was wanting. The Romans -were too practical and indomitable, however, to allow a single bad omen -to frustrate a great enterprise. If the inspection of the entrails of -the first animal was not favorable, they slaughtered still others until -a propitious sign was observed. At times, a score of beasts were slain -before the gods gave assent to the enterprise in hand. - -Divination from the flight and notes of birds was another method -employed by the Romans in finding out the will of the gods. And it may -be remarked that this was certainly a more rational and elevated form of -divination than that which we have just discussed. An eagle swooping -down from the skies would certainly be a more natural and pleasing -suggestion of the thoughts and attributes of Jove than the filthy -interior of the entrails of a bull. - -The elements of divination from the flight of birds were derived either -from the significant notes and sounds of their voices, or from the -manner in which their wings were flapped or their flight conducted. If -the bird flew from the left to the right of the augur, it was considered -a happy omen; if the flight was in the opposite direction, the -enterprise in hand had to be abandoned or at least delayed. Augury by -flight was usually applied to eagles and vultures, while woodpeckers, -ravens, crows, and screech owls announced the will of the gods by note. -The direction from which the note came, usually determined the nature of -the augury. But, in the case of the screech owl, the sounds were always -of evil omen, from whatever side they came. And those who have been so -unfortunate as to hear its mournful, desolate and God-forsaken tones -will not be disposed to censure either the Romans or their gods for the -low esteem in which they held this bird. - -Again, it was a principle of Roman augury that auspices could be -neutralized or overcome. If a crow furnished an omen, and an eagle gave -another which was opposed to it, the first sign was wiped out, because -the eagle was a larger and nobler bird than the crow. And, as in the -case of prayer, so also in the matter of the auspices, a disturbing -sound would destroy the effect of the augury. The squeak or cry of a -mouse would destroy a message from Jupiter conveyed in the scream of an -eagle. - -But the most potent manifestation of the divine mind, among the ancient -Romans, was that derived from thunder and lightning. Lightning to them -was the sovereign expression of the will of the gods; and a single flash -blotted out every other sign and token. It was an irrevocable presage -and could not be remotely modified or evaded. It came directly from the -hand of the deity and was an emphatic revelation of the divine mind. All -places struck by lightning were considered sacred and were consecrated -to the god who had sent the bolt. Upon the spot where it fell, an altar -was raised and an inclosure formed. The service of consecration -consisted in burying the lightning, that is, in restoring the earth -thrown up by it, and in the sacrifice of a two-year-old sheep. All such -places were considered hallowed spots and it was impious and -sacrilegious to touch them or even look at them. The gods deprived of -reason those who destroyed the altars and sacred inclosures of these -places. - -These various methods of ascertaining the will of the deities were -employed in every important transaction of Roman public and private -life. At times, all of them coöperated on occasions of vast import and -when the lives and destinies of great men were involved. - -The following single paragraph from Suetonius contains allusions to all -the modes of divination which we have just discussed: - - After the death of Cęsar, upon his return from Apollonia as he was - entering the city, on a sudden, in a clear and bright sky a circle - resembling the rainbow surrounded the body of the sun; and - immediately afterwards, the tomb of Julia, Cęsar's daughter, was - struck by lightning. In his first consulship whilst he was - observing the auguries, twelve vultures presented themselves as - they had done to Romulus. And when he offered sacrifice, the livers - of all the victims were folded inward in the lower part; a - circumstance which was regarded by those present, who had skill in - things of that nature, as an indubitable prognostic of great and - wonderful fortune.[137] - -The interpretation of dreams also formed an important part in the -determination of the will of the gods, not only among the Romans, but -among all ancient nations. The literature of antiquity, both sacred and -profane, is filled with dreams. Whether the biographer is Matthew or -Plutarch, dreams appear on the pages of both. Chrysippus made a -collection of prophetical dreams in order to explain their meaning. Both -Galen and Hippocrates believed that dreams were sent by the gods to men. -Artemidorus wrote a treatise on the subject, and in it he assures us -that it was compiled at the express bidding and under the direction of -Apollo himself. - -It was in a dream that Joseph was warned not to put away Mary his -wife.[138] It was also in a dream that an angel voice warned him to flee -into Egypt with the infant Savior to escape the murderous designs of -Herod.[139] Nearly every great event, both in Greek and Roman history, -seems to have been heralded or attended by dreams. The following account -is given by Suetonius of the dreams of Quintus Catulus and Marcus Cicero -presaging the reign of Augustus: - - Quintus Catulus had a dream, for two nights successively after his - dedication of the Capitol. The first night he dreamt that Jupiter - out of several boys of the order of the nobility who were playing - about his altar, selected one, into whose bosom he put the public - seal of the commonwealth, which he held in his hand; but in his - vision the next night, he saw in the bosom of Jupiter Capitolinus, - the same boy; whom he ordered to be removed, but it was forbidden - by the God, who declared that it must be brought up to become the - guardian of the state. The next day, meeting Augustus, with whom - till that hour he had not the least acquaintance, and looking at - him with admiration, he said he was extremely like the boy he had - seen in his dream. Some gave a different account of Catulus's - first dream, namely that Jupiter, upon several noble lads - requesting of him that they might have a guardian, had pointed to - one amongst them, to whom they were to prefer their requests; and - putting his fingers to the boy's mouth to kiss, he afterwards - applied them to his own. - - Marcus Cicero, as he was attending Caius Cęsar to the Capitol, - happened to be telling some of his friends a dream which he had the - preceding night, in which he saw a comely youth let down from - heaven by a golden chain, who stood at the door of the Capitol, and - had a whip put into his hands by Jupiter. And immediately upon - sight of Augustus, who had been sent for by his uncle Cęsar to the - sacrifice, and was as yet perfectly unknown to most of the company, - he affirmed that it was the very boy he had seen in his dream. When - he assumed the manly toga, his senatorian tunic becoming loose in - the seam on each side, fell at his feet. Some would have this to - forebode, that the order of which that was the badge of - distinction, would some time or other be subject to him.[140] - -Omens also played an important rōle in molding the destiny of the Roman -state. In his "Life of Cęsar Augustus," Suetonius says: - - Some signs and omens he regarded as infallible. If in the morning, - his shoe was put on wrong, the left instead of the right, that - boded some disaster. If when he commenced a long journey, by land - or sea, there happened to fall a mizzling rain, he held it to be a - good sign of a speedy and happy return. He was much affected - likewise with anything out of the common course of nature. A - palm-tree which chanced to grow up between some stones in the court - of his house, he transplanted into a court where the images of the - Household Gods were placed, and took all possible care to make it - thrive. In the island of Capri, some decayed branches of an old - ilex, which hung drooping to the ground, recovered themselves upon - his arrival; at which he was so delighted, that he made an - exchange with the Republic of Naples, of the Island of Ischia, for - that of Capri. He likewise observed certain days; as never to go - from home the day after the Numdinę, nor to begin any serious - business upon the nones; avoiding nothing else in it, as he writes - to Tiberius, than its unlucky name.[141] - -Any unusual happening and all the striking phenomena of nature were -regarded by the Romans as prodigies or omens indicative of the will of -the gods. The nature of the occurrence indicated the pleasure or the -wrath of the deity. An eclipse of the sun and the moon, a shooting star, -a rainbow of peculiar color, showers of stones and ashes, were regarded -as awful prodigies, and generally threw the Roman Senate into a panic. -On such occasions, the pontifical college called a hurried meeting. The -augurs and haruspices were summoned to immediate duty; and everything -was done to ascertain the will of the gods and to do their bidding. A -two-headed snake or a three-legged chicken, such as we frequently see -to-day, would have shaken the whole Roman religious system to the -center. - -Such was the credulity of the Roman people, that the most improbable and -impossible stories, mere rumors born of lying imposture, were heard and -believed. "Idols shed tears or sweated blood, oxen spoke, men were -changed into women, cocks into hens, lakes or brooks ran with blood or -milk, mice nibbled at the golden vessels of the temples, a swarm of bees -lighted on a temple or in a public place." All such alleged occurrences -required sacrifices and expiatory rites to conquer the fury and regain -the favor of the gods. - -_Fall of the Early Roman Religion._--At the beginning of the Christian -era, the old Roman religion, founded upon the institutions of Numa, had -almost come to an end. The invasion of Italy by the Greek gods was the -first serious assault upon the early Roman faith. The elegant refinement -and fascinating influence of Greek literature, philosophy and sculpture, -had incrusted with a gorgeous coating the rude forms of the primitive -Roman worship. But, as time advanced, the old gods grew stale and new -deities were sought. The human soul could not forever feed upon myths, -however brilliant and bewitching. The mysterious and melancholy rites of -Isis came to establish themselves by the side of those of Janus and -Ęsculapius. The somber qualities of the Egyptian worship seemed to -commend it. Even so good and grand a man as Marcus Aurelius avowed -himself an adorer of Serapis; and, during a sojourn in Egypt, he is -reported to have conducted himself like an Egyptian citizen and -philosopher while strolling through the temples and sacred groves on the -banks of the Nile.[142] - -The effect of the repeated changes from one form of religious faith to -another was to gradually destroy the moral fiber of Roman worship and to -shatter Roman faith in the existence and stability of the gods. The -first manifestation of that disintegration which finally completely -undermined and destroyed the temple of Roman worship was the familiarity -with which the Romans treated their gods. Familiarity with gods, as -with men, breeds contempt. A striking peculiarity of both the Roman and -Greek mythologies was the intimate relationship that existed between -gods and human beings. Sometimes it took the form of personal -intercourse from which heroes sprang, as was the case with Jupiter and -Alcmene, of whom Hercules was born. At other times, deities and human -beings traveled together on long voyages, as was the case with Minerva -and Telemachus on their trip to the island of Calypso. These were -instances of what the Greeks regarded as that natural and sympathetic -relationship that not only could but should exist between them and their -divinities. But in time the Romans entered upon a career of frivolous -fellowship and familiarity with their gods which destroyed their mutual -respect, and hastened the dissolution of the bonds that had hitherto -held them together. They began to treat their divinities as men, -deserving of honor indeed, but nevertheless human beings with all the -frailties and attributes of mortals. "Arnobius speaks of morning -serenades sung with an accompaniment of fifes, as a kind of reveille to -the sleeping gods, and of an evening salutation, in which leave was -taken of the deity with the wishing him a good night's rest." - -The Lectisternia or banquets of the gods were ordinary religious -functions to which the deities themselves were invited. These feasts -were characterized at times by extreme exclusiveness. It was not right, -thought the Romans, to degrade and humiliate the greater gods by seating -them at the banquet board with smaller ones. So, a right royal fźte was -annually arranged in the Capitol in honor of Jupiter, Juno, and Minerva. -The statue of the great god was placed reclining on a pillow; and the -images of the two goddesses were seated upon chairs near him. At other -times, the functions were more democratic, and great numbers of the gods -were admitted, as well as a few select and distinguished mortals. On -such occasions, the images of the gods were placed in pairs on cushions -near the table. The Romans believed that the spirit of the god actually -inhabited or occupied the statue. This we learn from Lucian. The happy -mortals who were fortunate enough to be present at the banquet, actually -believed that they were seated among the gods. Livy tells us that once -the gods turned on their cushions and reversed themselves at the table, -and that mice then came and devoured the meats.[143] - -The Roman historians very seriously inform us that special invitations -were extended the gods to attend these banquets. They fail to tell us, -however, whether R.S.V.P. or any other directions were inserted in the -cards of invitation. We are left completely in the dark as to the -formality employed by the deities to indicate their acceptance or -rejection of the proffered honor. - -The purpose of the Lectisternia was at first undoubtedly to promote -hospitality and fellowship, and to conciliate the good will of the gods. -But finally such intimacy ripened into contempt and all kinds of -indecencies began to be practiced against the deities. Speaking of the -actions of certain Romans, Seneca says: "One sets a rival deity by the -side of another god; another shows Jupiter the time of day; this one -acts the beadle, the other the anointer, pretending by gesture to rub in -the ointment. A number of coiffeurs attend upon Juno and Minerva, and -make pretence of curling with their fingers, not only at a distance from -their images, but in the actual temple. Some hold the looking-glass to -them; some solicit the gods to stand security for them; while others -display briefs before them, and instruct them in their law cases." This -rude conduct was practiced by men. But Seneca, continuing, says: "Women, -too, take their seats at the Capitol pretending that Jupiter is enamored -of them, and not allowing themselves to be intimidated by Juno's -presence."[144] - -_Roman Skepticism._--Of contempt of the gods, which was due to many -causes, skepticism was born. The deities of every race had been brought -to Rome and placed in the pantheon; and there, gazing into each other's -faces, had destroyed each other. The multiplicity of the gods was the -chief agency in the destruction of the Roman faith and ritual. The yoke -and burden of endless ceremonials had been borne for centuries and were -now producing intolerable irritation and nauseating disgust. The natural -freedom of the soul was in open rebellion and revolt against the hollow -forms and rigid exactions of the Roman ritual. The eagle of the human -intellect was already preparing to soar above the clouds of -superstition. Cicero gave expression to the prevalent sentiments of -educated Romans of his day when he wrote: - - I thought I should be doing an immense benefit both to myself and - to my countrymen if I could entirely eradicate all superstitious - errors. Nor is there any fear that true religion can be endangered - by the demolition of this superstition; for as this religion which - is united with the knowledge of nature is to be propagated, so, - also, are all the roots of superstition to be destroyed; for that - presses upon and pursues and persecutes you wherever you turn - yourself, whether you consult a diviner or have heard an omen or - have immolated a victim, or beheld a flight of birds; whether you - have seen a Chaldęan or a soothsayer; if it lightens or thunders, - or if anything is struck by lightning; if any kind of prodigy - occurs; some of which things must be frequently coming to pass, so - that you can never rise with a tranquil mind. - -The completion of Roman conquest in the reign of Augustus was another -potent influence in the destruction of the old Roman religion. The chief -employment of the Roman gods had ever been as servants of the Roman -state in the extension of the Roman empire. Their services were now no -longer needed in this regard, and their ancient worshipers were ready to -repudiate and dismiss them. The Hebrew characteristic of humility and -resignation in the presence of divine displeasure was not a Roman trait. -The ancient masters of the world reserved the right to object and even -to rebel when the gods failed to do their duty after appropriate prayers -had been said and proper ceremonies had been performed. Sacrilege, as -the result of disappointment, was a frequent occurrence in Roman -religious life. Bitter defiance of the heavenly powers sometimes -followed a defeat in battle or a failure in diplomacy. Augustus, as -supreme pontiff, chastised Neptune, the god of the sea, because he lost -his fleet in a storm, by forbidding the image of the god to be carried -in the procession of the next Circensian games. The emperor Julian was -regarded as a most pious potentate, but he did not hesitate to defy the -gods when he became displeased. At the time of the Parthian war, he was -preparing to sacrifice ten select and beautiful bulls to Mars the -Avenger, when nine of them suddenly lay down while being led to the -altar, and the tenth broke his band. The fury of the monarch was -aroused, and he swore by Jupiter that he would not again offer a -sacrifice to Mars.[145] Claudius, the commander of the Roman fleet at -Drepanum, ordered the sacred pullets to be thrown into the sea because -they would not eat. When Germanicus was sick in Asia, his devoted -admirers offered frequent prayers to the gods for his recovery. When the -report of his death reached Rome, the temples of the unaccommodating -deities were stoned, and their altars were overturned.[146] - -The same feeling of angry resentment and defiance may be discerned in -inscriptions on the graves of relatives prematurely snatched away by -death. An epitaph on the monument of a child of five years was this: "To -the unrighteous gods who robbed me of my life." Another on the tombstone -of a maiden of twenty, named Procope, read as follows: "I lift my hand -against the god who has deprived me of my innocent existence."[147] - -The soil of familiarity, contempt and sacrilege which we have just -described, was most fertile ground for the growth of that rank and -killing skepticism which was destroying the vitals of the Roman faith at -the time of Christ. This unbelief, it is true, was not universal. At the -time of the birth of the Savior, the Roman masses still believed in the -gods and goddesses of the Greek and Roman mythologies. Superstition was -especially prevalent in the country districts of both Greece and Italy. -Pausanias, who lived about the middle of the second century of the -Christian era, tells as that in his time the olden legends of god and -hero were still firmly believed by the common people. As he traveled -through Greece, the cypresses of Alcmęon, the stance of Amphion, and the -ashes of the funeral piles of Niobe's children were pointed out to him. -In Phocis, he found the belief still existing that larks laid no eggs -there because of the sin of Tereus.[148] Plutarch, who lived about the -middle of the first century of our era, tells us that the people were -still modeling the gods in wax and clay, as well as carving them in -marble and were worshiping them in contempt and defiance of philosophers -and statesmen.[149] But this credulity was limited to the ignorant and -unthinking masses. The intellectual leaders of both the Greek and Roman -races had long been in revolt against the absurdity and vulgarity of the -myths which formed the foundation of their popular faiths. The purity -and majesty of the soul felt keenly the insult and outrage of enforced -obedience to the obscene divinities that Homer and Hesiod had handed -down to them. Five hundred years before Christ, Pindar, the greatest -lyric poet of Greece, had denounced the vulgar tales told of the -deities, and had branded as blasphemous the story of the cannibal feast -spread for the gods by the father of Pelops. Xenophanes, also, in the -sixth century before Christ, had ridiculed the mythical tales of the -Homeric poems, and had called attention to the purely human character of -popular religions. He had pointed out that the Ethiopians painted the -images of their deities black, and gave them flat noses, in the likeness -of themselves; that the Thracians, on the other hand, created their gods -blue-eyed and red; and that, in general, every race had reflected its -own physical peculiarities in the creation of its gods. He declared it -to be his opinion that if the beasts of the field should attempt to -produce a likeness of the gods, the horses would produce a resemblance -of themselves, and that oxen and lions would ascribe to their own -divinities their own images and peculiarities. - -The whole structure of the Roman religion, built upon myths and adorned -with fables, was ill fitted to stand the tests of analysis and -criticism. It was destined to weaken and crumble the moment it was -subjected to serious rational inquiry. Such inquiry was inevitable in -the progress of that soul-growth which the centuries were sure to bring. -Natural philosophy and historical study began to dissolve the sacred -legends and to demand demonstration and proof where faith had before -sufficed. Skeptical criticism began to dissect the formulę of prayer and -to analyze the elements of augury and sacrifice. Reason began to revolt -against the proposition that Jupiter was justified in rejecting a -petition because a syllable had been omitted or a word mispronounced. -Men began to ask: "What explanation could be given of the strange -changes of mind in the gods, often threatening evil on the first -inspection of the victim, and at the second promising good? How did it -happen that a sacrifice to Apollo gave favorable, and one to Diana -unfavorable signs? Why did the Etruscan, the Elan, the Egyptian, and the -Punic inspectors of sacrifice interpret the entrails in an entirely -different manner? Again, what connection in nature was there between a -fissure in the liver of a lamb, and a trifling advantage to a man, an -inheritance to be expected, or the like? And on a man's intending to -sacrifice, did a change, corresponding to his circumstances, take place -in the entrails of the beast; so that, supposing another person had -selected the same victim, he would have found the liver in a quite -different condition?" - -The gods themselves became subjects of inspection and analysis. Their -origin and nature were studied historically, and were also reviewed in -the light of natural and ethical products. Three hundred years before -Christ, Evhemere of Messina boldly declared that the gods were simply -ancient kings deified by fear and superstition after death. Anaxagoras -sought to identify the several deities with the forces and phenomena of -nature, thus converting the pantheon into an observatory, or into a -physical and chemical laboratory. Metrodorus contended that the gods -were deifications of mere abstract ethical precepts. - -Instances are recorded in history, from time to time, where the -philosophers attempted to explain to the people the natural meaning of -those things which they believed were pregnant with supernatural import. -On a certain occasion, a ram with one horn was found on the farm of -Pericles, and, from this circumstance, an Athenian diviner, named -Lampon, predicted that the party of the orator would triumph over the -opposite faction and gain control of the government. Whereupon -Anaxagoras dissected the skull, and demonstrated to the people the -natural cause of the phenomenon in the peculiar shape of the animal's -brain. But this reformer finally suffered the fate of other innovators, -was prosecuted for impiety, and was only saved by the influence of -Pericles. - -At the beginning of the Christian era, the religion of Rome was -privately ridiculed and repudiated by nearly all statesmen and -philosophers of the empire, although they publicly professed it on -grounds of public policy. Seneca, a contemporary of Jesus, advised -observance of rites appointed by law, on patriotic grounds. "All which -things," he says, "a wise man will observe as being commanded by the -laws, but not as being pleasing to the gods." Again he says: "All that -ignoble rabble of gods which the superstition of ages has heaped up, we -shall adore in such a way as to remember that their worship belongs -rather to custom than to reality." Ridiculing the popular notions of -the matrimonial relations of the deities, the same eminent philosopher -says: "And what of this, that we unite the gods in marriage, and that -not even naturally, for we join brothers and sisters? We marry Bellona -to Mars, Venus to Vulcan, Salacia to Neptune. Some of them we leave -unmarried, as though there were no match for them, which is surely -needless, especially when there are certain unmarried goddesses, as -Populonia, or Fulgora, or the goddess Rumina, for whom I am not -astonished that suitors have been wanting." - -The prevailing skepticism of the times is well illustrated in a dialogue -which Cicero introduces into his first Tusculan Disputation between M, -which may be interpreted Marcus, and A, which may be translated Auditor: - - MARCUS: Tell me, are you not afraid of the three-headed Cerberus in - the infernal regions, and the roaring of Cocytus, and the passage - over Acheron, and Tantalus, dying with thirst, while water laves - his chin, and Sisyphus, - - "Who sweats with arduous toil in vain - The steepy summit of the mount to gain?" - - Perhaps you are also afraid of the inexorable judges, Minos and - Rhadamanthus, because before them neither L. Crassus nor M. - Antonius can defend you, and because appearing before Grecian - judges, you will not be permitted to employ Demosthenes, but must - plead for yourself before a very great crowd. All these things, - perhaps, you fear, and therefore regard death as an eternal evil. - - AUDITOR: Do you think I'm such a fool as to give credence to such - things? - - MARCUS: What! You don't believe in them? - - AUDITOR: Truly, not in the least. - - MARCUS: I am deeply pained to hear that. - - AUDITOR: Why? - - MARCUS: Because, if occasion had offered, I could very eloquently - have denounced them, myself.[150] - -The contemptuous scorn of the cultivated Romans of his time is -frequently revealed in the writings of Cicero. He refers more than once -to the famous remark of Cato, who said that he could not explain why the -haruspices did not laugh in each other's faces when they began to -sacrifice. - -At this point, it is worthy of observation that the prevalent unbelief -was not limited to a simple denial of the existence of mythical -divinities and of the efficacy of the worship rendered them. Roman -skepticism sought to destroy the very foundation of all religious belief -by denying not only the existence of the gods, but also the immortality -of the soul. Cicero is said to have been the only great Roman of his -time who believed that death was not the end. Students of Sallust are -familiar with his account of the conspiracy of Cataline in which it is -related that Julius Cęsar, in a speech before the Roman senate, opposed -putting the traitor to death because that form of punishment was too -mild, since beyond the grave there was neither joy nor sorrow.[151] - -Antagonism to the doctrine of the immortality of the soul reached a -melancholy refinement in the strange contention that life after death -was a cruel thought. Pliny expresses this sentiment admirably when he -says: - - What folly it is to renew life after death. Where shall created - beings find rest if you suppose that shades in hell and souls in - heaven continue to have any feeling? You rob us of man's greatest - good--death. Let us rather find in the tranquillity which preceded - our existence the pledge of the repose which is to follow it. - -When skepticism had destroyed their faith in the gods, and had robbed -them of the consolations of religion, educated Romans sought refuge and -solace in Greek philosophy. Stoicism and Epicureanism were the dominant -spiritual and intellectual forces of the Roman empire at the time of -Christ. Epicureanism was founded by Epicurus, who was born of an -Athenian family in the Island of Samos about 342 B.C. Stoicism -originated with Zeno, a native of Cittium in Cyprus, born about the year -340 B.C. - -The original design of the system of Epicurus was to found a -commonwealth of happiness and goodness in opposition to the purely -intellectual aristocracy of Plato and Aristotle. Men were beginning to -tire of speculation and dialectics, and to long for a philosophy built -upon human feeling and sensibility. As a touchstone of truth, it was -proposed to substitute sensation for intellect. Whatever was pleasing to -the natural and healthful senses was to be taken to be true. The pursuit -of happiness was to be the chief aim of the devotees of this system. The -avoidance of mental pain and physical suffering, as well as the -cultivation of all pleasurable emotions, were to be the leading features -of every Epicurean programme. In the beginning, Epicureanism inculcated -principles of virtue as a means of happiness. The mode of life of the -first followers of Epicurus was simple and abstemious. Barley-bread and -water are said to have been their ordinary food and drink. But in time -this form of philosophy became identified with the coarsest sensuality -and the most wicked lust. This was especially true after it was -transplanted from Greece to Italy. The doctrines of this school met with -a ready response from the pleasure-seeking, luxury-loving Roman people -who were now enriched by the spoils and treasures of a conquered world. -"This philosophy therefore became at Rome a mere school of -self-indulgence, and lost the refinement which, in Greece, had led it to -recognize in virtue that which gave zest to pleasure and in temperance -that which prolonged it. It called simply for a continuous round of -physical delights; it taught the grossest sensuality; it proclaimed the -inanity of goodness and the lawfulness of lust. It was the road--sure, -steep and swift, to awful demoralization." - -Stoicism, on the other hand, furnished spiritual and intellectual food -to that nobler class of Romans who were at once the support and ornament -of a magnificent but decadent civilization. This form of philosophy was -peculiarly consonant with early Roman instincts and habits. In its -teachings were perfectly reflected that vigor, austerity, and manly -self-reliance which had made the Roman race undisputed masters of the -world. Many of its precepts were not only moral and ennobling, but -deeply religious and sustaining. A striking kinship between them and -certain Christian precepts has been frequently pointed out. Justice, -fortitude, prudence, and temperance were the four cardinal virtues of -Stoicism. Freedom from all passions and complete simplicity of life, -resulting in perfect purity of manners, was its chief aim. But the -fundamental principles of both Epicureanism and Stoicism were -destructive of those spiritual elements which furnish complete and -permanent nourishment to the soul. Stoicism was pantheism, and -Epicureanism was materialism. The Stoic believed that the human soul was -corporeal, but that it was animated and illuminated by the universal -soul. The Epicurean taught that the soul was composed of material atoms, -which would perish when its component parts separated or dissolved. -Epicureanism was materialistic in its tendency, and its inevitable -result, in perverted form, was sensualism. Stoicism was pervaded -throughout by a melancholy and desolating fatalism. It was peculiarly -the philosophy of suicide; or, as a great French writer once described -it, "an apprenticeship for death."[152] To take one's life was not only -allowable but commendable in certain cases. Zeno, the founder of the -sect, taught that incurable disease was a sufficient excuse for suicide. -Marcus Aurelius considered it an obligation of nature and of reason to -make an end of life when it became an intolerable burden. "Kill thyself -and die erect in the consciousness of thy own strength," would have been -a suitable inscription over the doorway of every Stoic temple. Seneca -furnished to his countrymen this Stoic panacea for all the ills of life: - - Seest thou yon steep height, that is the descent to freedom. Seest - thou yon sea, yon river, yon well; freedom sits there in the - depths. Seest thou yon low withered tree; there freedom hangs. - Seest thou thy neck, thy throat, thy heart; they are the ways of - escape from bondage. - -And the Roman philosopher was not only conscientious but consistent in -his teachings. He was heroic enough to take the medicine himself which -he had prescribed for others. Indeed, he took a double dose; for he not -only swallowed poison, but also opened his veins, and thus committed -suicide, as other Stoics--such as Zeno, Cleanthes and Cato--had done -before him. - -It was not a problem of the Stoic philosophy, - - Whether 'tis nobler in the mind to suffer - The slings and arrows of outrageous fortune, - Or to take arms against a sea of troubles, - And by opposing end them?[153] - -A familiar illustration of the advocates of suicide among the Roman -writers was that a human body afflicted with incurable disease, or a -human mind weighed down with intolerable grief, was like a house filled -with smoke. As it was the duty of the occupant of the house to escape -from the smoke by flight, so it was the duty of the soul to leave the -body by suicide. - -But neither Epicureanism nor Stoicism could satisfy the natural longing -of the soul for that which is above the earth and beyond the grave. It -was impossible that philosophy should completely displace religion. The -spiritual nature of the Roman people was still intact and vigorous after -belief in myths was dead. As a substitute for their ancient faith and as -a supplement to philosophy, they began to deify their illustrious men -and women. The apotheosis of the emperors was the natural result of the -progressive degradation of the Roman religion. The deification of Julius -Cęsar was the beginning of this servile form of worship; and the -apotheosis of Diocletian was the fifty-third of these solemn -canonizations. Of this number, fifteen were those of princesses -belonging to the imperial family. - -Divine honors began to be paid to Cęsar before he was dead. The -anniversary of his birth became a national holiday; his bust was placed -in the temple, and a month of the year was named for him. After his -assassination, he was worshiped as a god under the name of Divus Julius; -and sacrifices were offered upon his altar. After Julius Cęsar, followed -the deification of Augustus Cęsar. Even before his death, Octavian had -consented to be worshiped in the provinces, especially in Nicomedia and -Pergamus. After his death, his worship was introduced into Rome and -Italy. - -The act of canonizing a dead emperor was accomplished by a vote of the -senate, followed by a solemn ceremony, in which an eagle was released at -the funeral pile, and soaring upward, became a symbol of the ascent of -the deceased to the skies. A Roman senator, Numerius Atticus, swore that -he had seen Augustus ascending to heaven at the time of his -consecration; and received from Livia a valuable gift of money as a -token of her appreciation of his kindness. - -Not only were grand and gifted men like Julius and Augustus Cęsar, but -despicable and contemptible tyrants like Nero and Commodus, raised to -the rank of immortals. And, not content with making gods of emperors, -the Romans made goddesses of their royal women. Caligula had lived in -incestuous intercourse with his sister Drusilla; nevertheless, he had -her immortalized and worshiped as a divine being. This same Caligula who -was a monster of depravity, insisted on being worshiped as a god in the -flesh throughout the Roman empire, although the custom had been not to -deify emperors until after they were dead. The cowardly and obsequious -Roman senate decreed him a temple in Rome. The royal rascal erected -another to himself, and appointed his own private priests and -priestesses, among whom were his uncle Claudius, and the Cęsonia who -afterwards became his wife. This temple and its ministry were maintained -at an enormous expense. Only the rarest and most costly birds like -peacocks and pheasants, were allowed to be sacrificed to him. Such was -the impious conceit of Caligula that he requested the Asiatics of -Miletus to convert a temple of Apollo into a shrine sacred to himself. -Some of the noblest statuary of antiquity was mutilated in displacing -the heads of gods to make places for the head of this wicked monster. A -mighty descent this, indeed, from the Olympian Zeus of Phidias to a bust -of Caligula! - -Domitian, after his deification, had himself styled "Lord and God," in -all documents, and required all his subjects to so address him. Pliny -tells us that the roads leading into Rome were constantly filled with -flocks and herds being driven to the Capital to be sacrificed upon his -altar.[154] - -The natural and inevitable result of the decay of the Roman religion was -the corruption and demoralization of Roman social life. All experience -teaches that an assault upon a people's religious system is an assault -upon the entire social and moral organization. Every student of history -knows that a nation will be prosperous and happy to the extent that it -is religiously intelligent, and in proportion to its loyalty to the laws -of social virtue, to the laws of good government, and the laws of God; -and that an abandonment of its gods means the wreck and dissolution of -its entire social structure. The annals of Rome furnish a striking -confirmation of this fact. - -The closing pages of this chapter will be devoted to a short topical -review of Roman society at the time of Christ. Only a few phases of the -subject can be presented in a work of this character. - - -II.--GRĘCO-ROMAN SOCIAL LIFE - -_Marriage and Divorce._--The family is the unit of the social system; -and at the hearthstone all civilization begins. The loosening of the -domestic ties is the beginning of the dissolution of the state; and -whatever weakens the nuptial bonds, tends to destroy the moral fiber of -society. The degradation of women and the destruction of domestic purity -were the first signs of decay in Roman life. In the early ages of the -republic, marriage was regarded not only as a contract, but as a -sacrament as well. Connubial fidelity was sacredly maintained. Matrons -of the type of Cornelia, the mother of the Gracchi, were objects of -national pride and affection. The spirit of desperation which caused the -father of Virginia to plunge a butcher's knife into the chaste and -innocent heart of his child to save her from the lust of Appius -Claudius, was a tragic illustration of the almost universal Roman -respect for virtue in the age of the Tarquins. To such an extent were -the marital relations venerated by the early Romans that we are assured -by Dionysius that five hundred and twenty years had passed before a -single divorce was granted. Carvilius Ruga, the name of the first Roman -to procure a divorce, has been handed down to us.[155] - -If we are to believe Döllinger, the abandonment of the policy of -lifelong devotion to the marriage relation and the inauguration of the -system of divorce were due not to the faults of the men but to the -dangerous and licentious qualities of the Roman women. In connection -with the divorce of Carvilius Ruga, he discusses a widespread conspiracy -of Roman wives to poison their husbands. Several of these husbands fell -victims to this plot; and, as punishment for the crime, twenty married -women were forced to take the poison which they had themselves prepared, -and were thus put to death. And, about a half century after this -divorce, several wives of distinguished Romans were discovered to be -participants in the bacchanalian orgies. From all these things, -Döllinger infers that the Roman men began to tire of their wives and to -seek legal separation from them.[156] - -But, whatever the cause, the marriage tie was so easily severed during -the latter years of the republic, that divorce was granted on the -slightest pretext. Q. Antistius Vetus divorced his wife because she was -talking familiarly and confidentially to one of his freedmen. The wife -of C. Sulpicius imprudently entered the street without a veil, and her -husband secured a divorce on that ground. P. Sempronius Sophus put away -his wife for going to the theater without his knowledge. - -Cicero divorced his first wife that he might marry a younger and -wealthier woman; and because this second one did not exhibit sufficient -sorrow at the death of his daughter, Tullia, he repudiated her. - -Cato, the stern Stoic moralist, was several times divorced. To -accommodate his friend Hortensius he gave him his second wife Marcia, -with her father's consent; and, after the death of the orator, he -remarried her. - -After being several times previously divorced, Pompey put away Mucia in -order that he might wed Julia, Cęsar's daughter, who was young enough to -be the child of Pompey. - -Cęsar himself was five times married. He divorced his wife, Pompeia, -because of her relationship to Clodius, a dashing and dissolute young -Roman, who entered Cęsar's house on the occasion of the celebration of -the feast of the Bona Dea in a woman's dress, in order that he might pay -clandestine suit to the object of his lust. Cęsar professed to believe -that the charges against Pompeia were not true, but he divorced her -nevertheless, with the remark that "Cęsar's wife must be above -suspicion." We are reminded by this that, in ancient as in modern times, -society placed greater restrictions upon women than upon men; for Cęsar, -who uttered this virtuous and heroic sentiment, was a most notorious -rake and profligate. Suetonius tells us that he debauched many Roman -ladies of the first rank; among them "Lollia, the wife of Aulus -Gabinius; Tertulla, the wife of Marcus Crassus; and Mucia, the wife of -Cneius Pompey." It was frequently made a reproach to Pompey, "that to -gratify his ambition, he married the daughter of a man upon whose -account he had divorced his wife, after having had three children by -her; and whom he used, with a deep sigh, to call Ęgisthus." But the -favorite mistress of Cęsar was Servilia, the mother of Marcus Brutus. -To consummate an intrigue with her, he gave Servilia a pearl which cost -him six millions of sesterces. And at the time of the civil war he had -deeded to her for a trifling consideration, several valuable farms. When -people expressed surprise at the lowness of the price, Cicero humorously -remarked: "To let you know the real value of the purchase, between -ourselves, Tertia was deducted." It was generally suspected at Rome that -Servilia had prostituted her daughter Tertia to Cęsar; and the witticism -of the orator was a _double entendre_, Tertia signifying the third (of -the value of the farm), as well as being the name of the girl, whose -virtue had paid the price of the deduction. Cęsar's lewdness was so -flagrant and notorious that his soldiers marching behind his chariot, on -the occasion of his Gallic triumph, shouted in ribald jest, to the -multitude along the way: - - Watch well your wives, ye cits, we bring a blade, - A bald-pate master of the wenching trade.[157] - -If this was the private life of the greatest Roman of the world, who, at -the time of his death, was Pontifex Maximus, the supreme head of the -Roman religion, what must have been the social life of the average -citizen who delighted to style Cęsar the demigod while living and to -worship him as divine, when dead? - -A thorough knowledge of the details of the most corrupt and abandoned -state of society recorded in history may be had by a perusal of the -Annals of Tacitus and the Satires of Juvenal. The Sixth Satire is a -withering arraignment of Roman profligacy and wickedness. "To see the -world in its worst estate," says Professor Jowett, "we turn to the age -of the satirists and of Tacitus, when all the different streams of evil, -coming from east, west, north, south, the vices of barbarism and the -vices of civilization, remnants of ancient cults, and the latest -refinements of luxury and impurity, met and mingled on the banks of the -Tiber." Rome was the heart of the empire that pumped its filthy blood -from the center to the extremities, and received from the provinces a -return current of immorality and corruption. Juvenal complains that - - Long since the stream that wanton Syria laves, - Has disembogued its filth in Tiber's waves. - -Grecian literature and manners were the main cause of Roman -dissoluteness. - -The grandfather of Cicero is said to have made this declaration: "A -Roman's wickedness increases in proportion to his acquaintance with -Greek authors." It is undeniably true that the domestic immorality of -the Greeks exercised a most baneful influence upon the social life of -the Romans. Both at Athens and in Sparta marriage was regarded as the -means to an end, the procreation of children as worshipers of the gods -and citizens of the state. In this fundamental purpose were involved, -the Greeks believed, the mission and the destiny of woman. Marriage was -not so much a sacred institution, as it was a convenient arrangement -whereby property rights were regulated and soldiers were provided for -the army and the navy. This view was entertained by both the Athenians -and the Spartans. The code of Lycurgus regulated the family relations to -the end that healthy, vigorous children might be born to a military -commonwealth. The Spartan maidens were required to exercise in the -palestra, almost naked, in the presence of men and strangers. And so -loose and extravagant were the ideas of conjugal fidelity among the -Spartans that it was not regarded as an improper thing to borrow another -man's wife for the purpose of procreating children, if there had already -been born to the legitimate husband all the children that he desired. -This we learn from Xenophon[158] and from Polybius,[159] who assure us -that it often happened that as many as four Spartans had one woman, in -common, for a wife. "Already in the time of Socrates, the wives of -Sparta had reached the height of disrepute for their wantonness -throughout the whole of Greece; Aristotle says that they lived in -unbridled licentiousness; and, indeed, it is a distinctive feature in -the female character there, that publicly and shamelessly they would -speed a well-known seducer of a woman of rank by wishing him success, -and charging him to think only of endowing Sparta with brave boys."[160] - -[Illustration: AVE CĘSAR! IO SATURNALIA (ALMA-TADEMA)] - -At Athens the principle was the same, even if the gratification of lust -was surrounded with a halo of poetry and sentiment which the Spartan -imagination was incapable of creating. The Athenians were guilty of a -strange perversion of the social instincts by placing a higher -appreciation upon the charms of a certain class of lewd women that they -did upon the virtuous merits of their own wives and mothers. These -latter were kept in retirement and denied the highest educational -advantages; while the former, the Hetairai, beautiful and brilliant -courtesans, destined for the pleasure and entertainment of illustrious -men, were accorded the utmost freedom, as well as all the advantages of -culture in the arts and sciences. Demosthenes has classified the women -of ancient Athens in this sentence: "We have Hetairai for our pleasure, -concubines for the ordinary requirements of the body, and wives for the -procreation of lawful issue and as confidential domestic guardians." The -most renowned of the Hetairai was Aspasia, the mistress of Pericles. She -was exceedingly beautiful and brilliantly accomplished. At her house in -Athens, poets, philosophers, statesmen, and sculptors frequently -gathered to do her honor. Pericles is said to have wept only three times -in life; and one of these was when he defended Aspasia before the -dicastery of Athens against the charge of impiety. - -Another of the Hetairai scarcely less famous than Aspasia was the -celebrated Athenian courtesan, Phryne. Praxiteles, the sculptor, was one -of her adorers. She, too, was tried for impiety before the dicastery. -Hiperides, the Attic orator, defended her. To create a favorable -impression upon the court, he bade her reveal her bosom to the judges. -She did so, and was acquitted. So great was the veneration in which -Phryne was held that it was considered no profanation to place her image -in the sacred temple at Delphi. And so overwhelming was her beauty, that -her statues were identified with the Aphrodite of Apelles and the -Cnidian goddess of Praxiteles. At Eleusis, on the occasion of a national -festival, she impersonated Venus by entering naked into the waves, in -the presence of spectators from all the cities of Greece. She is said to -have amassed such a fortune that she felt justified in offering to build -the walls of Thebes. - -Such was the esteem in which these elegant harlots were held, that we -find recorded among their patrons on the pages of Greek history the -names of Pericles, Demades, Lysias, Demosthenes, Isocrates, Aristotle, -Aristippus, and Epicurus. So little odium attached to the occupation of -this class of women that we read that Socrates frequently paid visits to -one of them named Theodota and advised her as to the best method of -gaining "friends" and keeping them.[161] - -As the sculptors did not hesitate to carve the images of the Hetairai in -marble and give them the names of the goddesses of Olympus, so the -poets, orators, and historians did not fail to immortalize them in their -poems, orations, and annals. Greek statuary and literature were then -transported to Italy to corrupt Roman manners. It was not long before -adultery and seduction had completely poisoned and polluted every -fountain of Roman private life. "Liaisons in the first houses," says -Mommsen, "had become so frequent, that only a scandal altogether -exceptional could make them the subject of special talk; a judicial -interference seems now almost ridiculous." - -Roman women of patrician rank, not content with noblemen as lovers, -sought out "lewd fellows of the baser sort" among slaves and gladiators, -as companions of corrupt intrigues. Juvenal, in his Sixth Satire, paints -a horrible picture of social depravity when he describes the lewdness of -Messalina, the wife of Claudius I. This woman, the wife of an emperor, -and the mother of the princely Britannicus, descends from the imperial -bed, in the company of a single female slave, at the dead of night, to a -common Roman brothel, assumes the name Lycisca, and submits to the -embraces of the coarsest Roman debauchees. - -The degradation of women was not peculiar to the Capital of the empire, -but extended to every province. Social impurity was rankest in the East, -but it was present everywhere. Virtue seemed to have left the earth, and -Vice had taken her place as the supreme mistress of the world. - -_Luxury and Extravagance._--At the birth of Christ, the frontiers of the -Roman empire comprised all the territory of the then civilized world. In -extending her conquests, Rome laid heavy tribute upon conquered nations. -All the wealth of the earth flowed into her coffers. The result was -unexampled luxury and extravagance. A single illustration will serve to -show the mode of life of the wealthy Roman citizen of the time of which -we write. Lucullus, the lieutenant of Sulla, and the friend of Cicero -and Pompey, had amassed enormous wealth in the Mithradatic wars. This -fortune he employed to inaugurate and maintain a style of social life -whose splendor and extravagance were the astonishment and scandal of his -age and race. The meals served upon his table, even when no guests were -present, were marked by all the taste, elegance, and completeness of a -banquet. On one occasion, when he happened to dine alone, the table was -not arranged with the ordinary fullness and splendor; whereupon he made -complaint to the servants, who replied that they did not think it -necessary to prepare so completely when he was alone. "What! did you not -know that Lucullus would dine with Lucullus?" was his answer. At another -time, Cicero and Pompey met him in the Forum and requested that he take -them with him to dine, as they desired to learn how his table was spread -when no visitors were expected. Lucullus was embarrassed for a moment; -but soon regained his composure, and replied that he would be delighted -to have such distinguished Romans dine with him, but that he would like -to have a day for preparation. They refused this request, however; nor -would they consent that he send directions to his servants, as they -desired to see how meals were served in his home when no guests were -there. Lucullus then requested Cicero and Pompey to permit him to tell -his servants, in their presence, in what room the repast should be -served. They consented to this; and Lucullus then directed that the Hall -of Apollo should be arranged for the dinner. Now the dining rooms in the -home of Lucullus were graded in price; and it was only necessary to -designate the room in order to notify the servants of the style and -costliness of the entertainment desired. The Hall of Apollo called for -an expenditure, at each meal, of fifty thousand drachmas, the equivalent -of $10,000 in our money. And when Cicero and Pompey sat down at the -table of Lucullus a few hours later, the decorations of the room and the -feast spread before them, offered a spectacle of indescribable beauty -and luxury. The epicure had outwitted the orator and the general. - -Other anecdotes related by Plutarch also illustrate the luxurious life -of Lucullus. Once when Pompey was sick, his physician prescribed a -thrush for his meal; whereupon Pompey's servants notified him that a -thrush could not be secured in Italy during the summer time, except in -the fattening coops of Lucullus. - -Cato despised the luxurious habits of Lucullus; and, on one occasion, -when a young man was extolling the beauties of frugality and temperance -in a speech before the senate, the Stoic interrupted him by asking: "How -long do you mean to go on making money like Crassus, living like -Lucullus and talking like Cato?"[162] - -Lucullus was not the only Roman of his day who spent fabulous sums of -money in luxurious living and in building palatial residences. M. -Lepidus, who was elected Consul in 87 B.C., erected the most magnificent -private edifice ever seen in Rome. - -But the culmination of magnificence in Roman architecture was the Golden -House of Nero. Its walls were covered with gold and studded with -precious stones. The banquet rooms were decorated with gorgeous -ceilings, and were so constructed that from them flowers and perfumes -could be showered from above on the guests below. - -Concerning the luxurious life of the later days of the republic, Mommsen -says: "Extravagant prices, as much as one hundred thousand sesterces -(£1,000) were paid for an exquisite cook. Houses were constructed with -special reference to this subject.... A dinner was already described as -poor at which the fowls were served up to the guests entire, and not -merely the choice portions.... At banquets, above all, the Romans -displayed their hosts of slaves ministering to luxury, their bands of -musicians, their dancing-girls, their elegant furniture, their carpets -glittering with gold, or pictorially embroidered, their rich silver -plate."[163] - -But the luxury and extravagance of the Romans were nowhere so manifest -as in their public bathing establishments. "The magnificence of many of -the thermę and their luxurious arrangements were such that some writers, -as Seneca, are quite lost in their descriptions of them. The piscinę -were often of immense size--that of Diocletian being 200 feet long--and -were adorned with beautiful marbles. The halls were crowded with -magnificent columns, and were ornamented with the finest pieces of -statuary. The walls, it has been said, were covered with exquisite -mosaics that imitated the art of the painter in their elegance of -design and variety of color. The Egyptian syenite was encrusted with the -precious green marbles of Numidia. The rooms contained the works of -Phidias and Praxiteles. A perpetual stream of water was poured into -capacious basins through the wide mouths of lions of bright and polished -silver. 'To such a pitch of luxury have we reached,' says Seneca, 'that -we are dissatisfied if we do not tread on gems in our baths.'"[164] - -The circuses were scarcely inferior to the baths in magnificence. -Caligula is said to have strewn them with gold dust. - -The result of Roman luxury in the matter of food and drink was a coarse -and loathsome gluttony which finds no parallel in modern life. -Epicureanism had degenerated from barley-bread and water to the -costliest diet ever known. Wealthy Romans of the age of Augustus did not -hesitate to pay two hundred and fifty dollars for a single fish--the -mullet. And that they might indulge their appetite to the fullest -extent, and prolong the pleasures of eating beyond the requirements and -even the capacity of nature, they were in the habit of taking an emetic -at meal times. We learn from the letters of Cicero that Julius Cęsar did -this on one occasion when he went to visit the orator at his country -villa. And the degeneracy of Roman life is nowhere more clearly -indicated than in the Fourth Satire of Juvenal where he describes the -gathering of the great men of the state, at the call of Domitian, to -determine how a turbot should be cooked. - -But the reader must not infer that all Romans were rich and that luxury -was indulged in every home. In the Roman capital the extremes of wealth -and poverty met. The city was filled with idlers, vagabonds and paupers -from all quarters of the globe. In the early days of the Republic, -sturdy farmers had tilled the soil of Italy and had filled the legions -with brave and hardy warriors. The beginning of the empire witnessed a -radical change. Hundreds of thousands of these farmers had been driven -from their lands to furnish homes to the disbanded soldiers of -conquerors like Sulla, Marius, and Cęsar. Homeless and poverty-stricken, -they wandered away to Rome to swell the ranks of mendicants and -adventurers that crowded the streets of the imperial city. The soldiers -themselves, finding agriculture distasteful and unprofitable, sold their -lands to Roman speculators, and returned to the scene of the triumphs of -their military masters. The inevitable consequence of this influx of -strangers and foreigners, without wealth and without employment, was the -degradation and demoralization of Roman social and industrial life. -Augustus was compelled to make annual donations of money and provisions -to 200,000 persons who wandered helpless about the streets. This state -of things--fabulous wealth in the hands of a few, and abject poverty as -the lot of millions--was the harbinger sure and swift of the destruction -of the state. - -_Slavery._--At the beginning of the Christian era, slavery existed in -every province of the Roman empire. Nearly everywhere the number of -slaves was much greater than that of the free citizens. In Attica, -according to the census of Demetrius Phalereus, about the beginning of -the fourth century B.C., there were 400,000 slaves, 10,000 foreign -settlers, and 20,000 free citizens. Zumpt estimates that there were two -slaves to every freeman in Rome in the year 5 B.C. It frequently -happened that a wealthy Roman possessed as many as 20,000 slaves. Slaves -who gained their freedom might themselves become masters and own slaves. -During the reign of Augustus, a freedman died, leaving 4,116 slaves. -Crassus possessed so many that his company of architects and carpenters -alone exceeded 500 in number. - -The principal slave markets of Greece were those at Athens, Ephesus, -Cyprus, and Samos. In the market place of each of these cities, slaves -were exposed for sale upon wooden scaffolds. From the neck of each was -hung a tablet or placard containing a description of his or her -meritorious qualities, such as parentage, educational advantages, health -and freedom from physical defects. They were required to strip -themselves at the request of purchasers. In this way, the qualifications -of slaves for certain purposes could be accurately judged. The vigorous, -large-limbed Cappadocians, for instance, like our modern draft horses, -were selected for their strength and their ability to lift heavy loads -and endure long-continued work. - -The property of the master in the slave was absolute. The owner might -kill or torture his slave at will. Neither the government nor any -individual could bring him to account for it. Roman law compelled -female slaves to surrender themselves, against their will, to their -master's lust. All the coarseness and brutality of the haughty, -arrogant, and merciless Roman disposition were manifested in the -treatment of their slaves. Nowhere do we find any mercy or humanity -shown them. On the farms they worked with chains about their limbs during -the day; and at night they were lodged in the _ergastula_--subterranean -apartments, badly lighted and poorly ventilated. The most cruel -punishment awaited the slave who attempted to escape. The -_fugitavarii_--professional slave chasers--ran him down, branded him on -the forehead, and brought him back to his master. If the master was very -rich, or cared little for the life of the slave, he usually commanded -him to be thrown, as a punishment for his attempt to flee, to the wild -beasts in the amphitheater. This cruel treatment was not exceptional, -but was ordinary. Cato, the paragon among the Stoics, was so merciless -in his dealings with his slaves that one of them committed suicide -rather than await the hour of punishment for some transgression of which -he was guilty.[165] It frequently happened that the slaves had knowledge -of crimes committed by their masters. In such cases they were fortunate -if they escaped death, as the probability of their becoming witnesses -against their masters offered every inducement to put them out of the -way. In his defense of Cluentius, Cicero speaks of a slave who had his -tongue cut out to prevent his betraying his mistress.[166] If a slave -murdered his master, all his fellow-slaves under the same roof were held -responsible for the deed. Thus four hundred slaves were put to death -for the act of one who assassinated Pedanius Secundus, during the reign -of Nero.[167] Augustus had his steward, Eros, crucified on the mast of -his ship because the slave had roasted and eaten a quail that had been -trained for the royal quail-pit. Once a slave was flung to the fishes -because he had broken a crystal goblet.[168] On another occasion, a -slave was compelled to march around a banquet table, in the presence of -the guests, with his hands, which had been cut off, hanging from his -neck, because he had stolen some trifling article of silverware. Cicero, -in his prosecution of Verres, recites an instance of mean and cowardly -cruelty toward a slave. "At the time," he says, "in which L. Domitius -was prętor in Sicily, a slave killed a wild boar of extraordinary size. -The prętor, struck by the dexterity and courage of the man, desired to -see him. The poor wretch, highly gratified with the distinction, came to -present himself before the prętor, in hopes, no doubt, of praise and -reward; but Domitius, on learning that he had only a javelin to attack -and kill the boar, ordered him to be instantly crucified, under the -barbarous pretext that the law prohibited the use of this weapon, as of -all others, to slaves." - -The natural consequence of this cruel treatment was unbounded hatred of -the master by the slave. "We have as many enemies," says Seneca, "as we -have slaves." And what rendered the situation perilous was the -numerical superiority of the slave over the free population. "They -multiply at an immense rate," says Tacitus, "whilst freemen diminish in -equal proportion." Pliny the Younger gave expression to the universal -apprehension when he wrote: "By what dangers we are beset! No one is -safe; not even the most indulgent, gentlest master." Precautionary -measures were adopted from time to time both by individuals and by the -government to prevent concerted action among the slaves and to conceal -from them all evidences of their own strength. To keep down mutiny among -his slaves, Cato is said to have constantly excited dissension and -enmity among them. "It was once proposed," says Gibbon, "to discriminate -the slaves by a peculiar habit; but it was justly apprehended that there -might be some danger in acquainting them with their own numbers."[169] - -If the Roman masters maltreated and destroyed the bodies of their -slaves, the slaves retaliated by corrupting and destroying the morals of -their masters. The institution of slavery was one of the most potent -agencies in the demoralization of ancient Roman manners. The education -of children was generally confided to the slaves, who did not fail to -poison their minds and hearts in many ways. In debauching their female -slaves, the Roman masters polluted their own morals and corrupted their -own manhood. The result teaches us that the law of physics is the law of -morals: that action and reaction are equal, but in opposite directions. - -_Destruction of New-Born Infants._--The destruction of new-born children -was the deepest stain upon the civilization of the ancient Greeks and -Romans. In obedience to a provision of the code of Lycurgus, every -Spartan child was exhibited immediately after birth to public view; and, -if it was found to be deformed and weakly, so that it was unfit to grow -into a strong and healthy citizen of the Spartan military commonwealth, -it was exposed to perish on Mount Taygetus. The practice of exposing -infants was even more arbitrary and cruel in Rome than in Greece. The -Roman father was bound by no limitations; but could cast his offspring -away to die, through pure caprice. Paulus, the celebrated jurist of the -imperial period, admitted that this was a paternal privilege. Suetonius -tells us that the day of the death of Germanicus, which took place A.D. -19, was signalized by the exposition of children who were born on that -day.[170] This was done as a manifestation of general sorrow. The -emperor Augustus banished his granddaughter Julia on account of her -lewdness and licentiousness, as he had done in the case of his daughter, -Julia. In exile, she gave birth to a child which Augustus caused to be -exposed. It often happened that new-born babes that had been cast away -to die of cold and hunger or to be devoured by dogs or wild beasts were -rescued by miscreants who brought them up to devote them to evil -purposes. The male children were destined to become gladiators, and the -females were sold to houses of prostitution. Often such children were -picked up by those who disfigured and deformed them for the purpose of -associating them with themselves as beggars. - -The custom of exposing infants was born of the spirit of fierceness and -barbarity that characterized many ancient races. Its direct tendency was -to make savages of men by destroying those tender and humane feelings -for the weak and helpless which have been the most marked attributes of -modern civilizations. Occasionally in our day one hears or reads of a -proposition by some pseudo-philanthropist that the good of the race -demands the destruction of certain persons--deformed infants, imbecile -adults and the like. But the humanity of the age invariably frowns upon -such proposals. The benign and merciful features of our Christian creed -would be outraged by such a practice. - -_Gladiatorial Games._--The combats of gladiators were the culmination of -Roman barbarity and brutality. All the devotees of vice and crime met -and mingled at the arena, and derived strength and inspiration from its -bloody scenes. The gatherings in the amphitheater were miniatures of -Roman life. There, political matters were discussed and questions of -state determined, as was once the case in the public assemblies of the -people. Now that the gates of Janus were closed for the third time in -Roman history, the combats of the arena took the place, on a diminutive -scale, of those battles by which Romans had conquered the world. The -processions of the gladiators reminded the enthusiastic populace of the -triumphal entries of their conquerors into the Roman capital. Nothing so -glutted the appetite and quenched the thirst of a cruel and licentious -race as the gorgeous ceremonials and bloody butchery of the gladiatorial -shows. - -These contests, strange to say, first took place at funerals, and were -intended to honor the dead. In 264 B.C., at the burial of D. Junius -Brutus, we are told, three pairs of gladiators fought in the cattle -market. Again, in 216 B.C., at the obsequies of M. Ęmilius Lepidus, -twenty-two pairs engaged in combat in the Forum. And, in 174 B.C., on -the death of his father, Titus Flaminius caused seventy-four pairs to -fight for three days.[171] It will thus be seen that the death of one -Roman generally called for that of several others. - -In time, the fondness of these contests had grown so great that generals -and statesmen arranged them on a gigantic scale as a means of winning -the favor and support of the multitude. The Roman proletariat demanded -not only bread to satisfy their hunger, but games to amuse them in their -hours of idleness. Augustus not only gave money and rations to 200,000 -idlers, but inaugurated gladiatorial shows in which 10,000 combatants -fought. Not only men but wild beasts were brought into the arena. Pompey -arranged a fight of 500 lions, 18 elephants and 410 other ferocious -animals, brought from Africa. In a chase arranged by Augustus, A.D. 5, -36 crocodiles were killed in the Flaminian circus, which was flooded for -the purpose. Caligula brought 400 bears into the arena to fight with an -equal number of African wild animals. But all previous shows were -surpassed in the magnificent games instituted by Trajan, A.D. 106, to -celebrate his victories on the Danube. These games lasted four months; -and, in them, 10,000 gladiators fought, and 11,000 beasts were slain. - -Such was the thirst for blood, and to such a pitch had the fury of the -passions reached at the beginning of the empire that Romans were no -longer satisfied with small fights by single pairs. They began to demand -regular battles and a larger flow of blood. And to please the populace, -Julius Cęsar celebrated his triumph by a real battle in the circus. On -each side were arrayed 500 foot soldiers, 300 cavalrymen, and 20 -elephants bearing soldiers in towers upon their backs. This was no mimic -fray, but an actual battle in which blood was shed and men were killed. -To vary the entertainment, Cęsar also arranged a sea fight. He caused a -lake to be dug out on Mars Field, and placed battleships upon it which -represented Tyrian and Egyptian fleets. These he caused to be manned by -a thousand soldiers and 2,000 oarsmen. A bloody fight then ensued -between men who had no other motive in killing each other than to -furnish a Roman holiday. Augustus also arranged a sea fight upon an -artificial lake where 3,000 men were engaged. But both these battles -were eclipsed by the great sea fight which the emperor Claudius caused -to be fought on Lake Fucinus, in the presence of a great multitude that -lined the shore. Nineteen thousand men engaged in the bloody struggle. -On an eminence overlooking the lake, the Empress Agrippina, in gorgeous -costume, sat by the side of the emperor and watched the battle. - -Announcement of gladiatorial fights in the amphitheater was made by -posters on the walls of the city. In these advertisements, the number -and names of the fighters were announced. On the day of the performance -a solemn procession of gladiators, walking in couples, passed through -the streets to the arena. The arrangements of the building and the -manner of the fights were so ordered as to arouse to the highest pitch -of excitement the passions and expectations of the spectators. The -citizens were required to wear the white toga. The lower rows of seats -were occupied by senators, in whose midst were the boxes occupied by the -imperial family. The equestrian order occupied places immediately above -the senators. The citizens were seated next after the equestrians, and -in the top-most rows, on benches, were gathered the Roman rabble. An -immense party-colored awning, stretched above the multitude, reflected -into the arena its variegated hues. Strains of music filled the air -while preparations for the combat were being made. The atmosphere of the -amphitheater was kept cool and fragrant by frequent sprays of perfume. -The regular combat was preceded by a mock fight with blunt weapons. Then -followed arrangements for the life-and-death struggle. The manager of -the games finally gave the command, and the fight was on. When one of -the gladiators was wounded, the words "hoc habet" were shouted. The -wounded man fell to the earth, dropped his weapon, and, holding up his -forefinger, begged his life from the people. If mercy was refused him, -he was compelled to renew the combat or to submit to the death stroke -of his antagonist. Attendants were at hand with hot irons to apply to -the victim to see that death was not simulated. If life was not extinct, -the fallen gladiator was dragged out to the dead room, and there -dispatched. Servants then ran into the arena and scattered sand over the -blood-drenched ground. Other fighters standing in readiness, immediately -rushed in to renew the contest. Thus the fight went on until the Roman -populace was glutted with butchery and blood. - -Gladiators were chosen from the strongest and most athletic among slaves -and condemned criminals. Thracians, Gauls, and Germans were captured and -enslaved for the purpose of being sacrificed in the arena. They were -trained with the greatest care in gladiatorial schools. The most famous -of these institutions was at Capua in Italy. It was here that Spartacus, -a young Thracian, of noble ancestry, excited an insurrection that soon -spread throughout all Italy and threatened the destruction of Rome. -Addressing himself to seventy of his fellow-gladiators, Spartacus is -said to have made a bitter and impassioned speech in which he proposed -that, if they must die, they should die fighting their enemies and not -themselves; that, if they were to engage in bloody battles, these -battles should be fought under the open sky in behalf of life and -liberty, and not in the amphitheater to furnish pastime and -entertainment to their masters and oppressors. The speech had its -effect. The band of fighters broke out of Capua, and took refuge in the -crater of Mount Vesuvius (73 B.C.). Spartacus became the leader, with -Crixus and Oenomaus, two Celtic gladiators, as lieutenants. Their -ranks soon swelled to the proportions of an army, through accessions of -slaves and desperadoes from the neighborhood of the volcano. During two -years, they terrorized all Italy, defeated two consuls, and burned many -cities. Crixus was defeated and killed at Mount Gargarus in Apulia by -the prętor Arrius. Spartacus compelled three hundred Roman prisoners, -whom he had captured, to fight as gladiators, following Roman custom, at -the grave of his fallen comrade and lieutenant. Finally, he himself was -slain, sword in hand, having killed two centurions before he fell. With -the death of their leaders, the insurgents either surrendered or fled. -Those who were captured were crucified. It is said that the entire way -from Capua to Rome was marked by crosses on which their bodies were -suspended, to the number of ten thousand.[172] - -Throughout Italy were amphitheaters for gladiatorial games. But the -largest and most celebrated of all was the Coliseum at Rome. Its ruins -are still standing. It was originally called the Flavian Amphitheater. -This vast building was begun A.D. 72, upon the site of the reservoir of -Nero, by the emperor Vespasian, who built as far as the third row of -arches, the last two rows being finished by Titus after his return from -the conquest of Jerusalem. It is said that twelve thousand captive Jews -were employed in this work, as the Hebrews were employed in building the -Pyramids of Egypt, and that the external walls alone cost nearly four -millions of dollars. It consists of four stories: the first, Doric; the -second, Ionic; the third and fourth, Corinthian. Its circumference is -nearly two thousand feet; its length, six hundred and twenty feet; and -its width, five hundred and thirteen. The entrance for the emperor was -between two arches facing the Esquiline, where there was no cornice. The -arena was surrounded by a wall sufficiently high to protect the -spectators from the wild beasts, which were introduced by subterranean -passages, closed by huge gates from the side. The Amphitheater is said -to have been capable of seating eighty-seven thousand people, and was -inaugurated by gladiatorial games that lasted one hundred days, and in -which five thousand beasts were slain. The emperor Commodus himself -fought in the Coliseum, and killed both gladiators and wild beasts. He -insisted on calling himself Hercules, was dressed in a lion's skin, and -had his hair sprinkled with gold dust. - -[Illustration: THE DYING GLADIATOR (ANTIQUE SCULPTURE)] - -An oriental monk, Talemachus, was so horrified at the sight of the -gladiatorial games, that he rushed into the midst of the arena, and -besought the spectators to have them stopped. Instead of listening to -him, they put him to death. - -The first martyrdom in the Coliseum was that of St. Ignatius, said to -have been the child especially blessed by our Savior, the disciple of -John, and the companion of Polycarp, who was sent to Rome from Antioch -when he was bishop. When brought into the arena, St. Ignatius knelt down -and exclaimed: "Romans who are here present, know that I have not been -brought into this place for any crime, but in order that by this means -I may merit the fruition of the glory of God, for love of whom I have -been made a prisoner. I am as the grain of the field and must be ground -by the teeth of the lions that I may become bread fit for His table." -The lions were then let loose, and devoured him, except the larger bones -which the Christians collected during the night. - -The spot where the Christian martyrs suffered was for a long time marked -by a tall cross devoutly kissed by the faithful. The Pulpit of the -Coliseum was used for the stormy sermons of Gavazzi, who called the -people to arms from thence in the Revolution of March, 1848. - -_Gręco-Roman Social Depravity, Born of Religion and Traceable to the -Gods._--The modern mind identifies true religion with perfect purity of -heart and with boundless love. "Do unto others as you would have others -do unto you" is the leading aphorism of both the Hebrew and Christian -faiths. The Sermon on the Mount is the chart of the soul on the sea of -life; and its beatitudes are the glorifications of the virtues of -meekness, mercy, and peace. To the mind imbued with the divine precepts -of the Savior, it seems incredible that religion should have ever been -the direct source of crime and sin. It is, nevertheless, a -well-established fact that the Roman and Greek mythologies were the -potent causes of political corruption and social impurity in both Italy -and Greece. Nothing better illustrates this truth than the abominable -practice that found its inspiration and excuse in the myth of the rape -of Ganymede. The guilty passion of Zeus for the beautiful boy whom he, -himself, in the form of an eagle, had snatched up from earth and carried -away to Olympus to devote to shameful and unnatural uses, was the -foundation, in Greece, of the most loathsome habit that ever disgraced -the conduct of men. Passionate fondness for beautiful boys, called -paiderastia in Greek, termed sodomy in modern criminal law, was the -curse and infamy of both Roman and Grecian life. This unnatural vice was -not confined to the vulgar and degenerate. Men of letters, poets, -statesmen and philosophers, debased themselves with this form of -pollution. It was even legalized by the laws of Crete and Sparta. -Polybius tells us that many Romans paid as much as a talent ($1,000) for -a beautifully formed youth. This strange perversion of the sexual -instincts was marked by all the tenderness and sweetness of a modern -courtship or a honeymoon. The victim of this degrading and disgusting -passion treated the beautiful boy with all the delicacy and feeling -generally paid a newly wedded wife. Kisses and caresses were at times -showered upon him. At other times, he became an object of insane -jealousy. - -An obscene couplet in Suetonius attributes this filthy habit to Julius -Cęsar in the matter of an abominable relationship with the King of -Bithynia.[173] "So strong was the influence of the prevalent epidemic on -Plato, that he had lost all sense of the love of women, and in his -descriptions of Eros, divine as well as human, his thoughts were -centered only in his boy passion. The result in Greece confessedly was -that the inclination for a woman was looked upon as low and -dishonorable, while that for a youth was the only one worthy of a man of -education."[174] - -A moment's reflection will convince the most skeptical of the progress -of morality and the advance of civilization. That which philosophers and -emperors not only approved but practiced in the palmiest days of the -commonwealths of Greece and Rome, is to-day penalized; and the person -guilty of the offense is socially ostracized and branded with infamy and -contempt. - -The above is only one of many illustrations of the demoralizing -influence of the myths. The Greeks looked to the gods as models of -behavior, and could see nothing wrong in paiderastia, since both Zeus -and Apollo had practiced it. Nearly every crime committed by the Greeks -and Romans was sought to be excused on the ground that the gods had done -the same thing. Euthyphro justified mistreatment of his own father on -the ground that Zeus had chased Cronos, his father, from the skies. - -Homer was not only the Bible, but the schoolbook of Grecian boys and -girls throughout the world; and their minds were saturated at an early -age with the escapades of the gods and goddesses as told by the immortal -bard. Plato, in the "Republic," deprecates the influence of the Homeric -myths upon the youth of Greece, when he says: "They are likely to have a -bad effect on those who hear them; for everybody will begin to excuse -his own vices when he is convinced that similar wickednesses are always -being perpetrated by the kindred of the gods." And Seneca thus condemns -the moral effect of the myth of Zeus and Alcmene: "What else is this -appeal to the precedent of the gods for, but to inflame our lusts, and -to furnish a free license and excuse for the corrupt act under shelter -of its divine prototype?" "This," says the same author in another -treatise, "has led to no other result than to deprive sin of its shame -in man's eyes, when he saw that the gods were no better than himself." - -We have seen that, in the matter of the multiplicity of the gods, there -were deities of the baser as well as of the better passions, and of -criminal as well as virtuous propensities. Pausanias tells us that in -his day, on the road to Pellene, there were statues of Hermes Dolios -(the cheat), and that the worshipers of this god believed that he was -always ready to help them in their intrigues and adventures. The same -writer also tells us that young maidens of Troezene dedicated their -girdles to Athene Apaturia, the deceiver, for having cunningly betrayed -Ęthra into the hands of Neptune. The festivals of Bacchus were far-famed -in ancient times for the drunken debauches and degrading ceremonies that -accompanied them. The Attic feasts of Pan were celebrated with every -circumstance of low buffoonery. The solemnities of the Aphrodisia were -akin to the bacchanalian orgies in all the features of inebriety and -lust. The name of the goddess of love and beauty was blazoned across the -portal of more than one Greek and Roman brothel. The Aphrodite-Lamia at -Athens and the Aphrodite-Stratonikis at Smyrna were the favorite -resorts of the most famous courtesans of antiquity. Venus was the -recognized goddess of the harlots. A thousand of them guarded her temple -at Corinth; and, when an altar was erected to her at the Colline gate in -Rome, in the year 183 A.U.C., they celebrated a great feast in her -honor, and dedicated chaplets of myrtle and roses, as a means of -obtaining her favor as the guardian divinity of their calling. - -What more could be expected, then, of the morality of the Greeks and -Romans, when we consider the nature of their religion and the character -of their gods? Jupiter and Apollo were notorious rakes and libertines; -Venus and Flora were brazen-faced courtesans; Harmonia was a Phrygian -dancer, who had been seduced by Cadmus; Hercules was a gladiator; Pan -was a buffoon; Bacchus was a drunkard, and Mercury was a highway robber. -And not only in the poems of Homer and Hesiod did the Greek and Roman -youth learn these things, but from the plays of the theaters and from -plastic art as well. If we except the gladiatorial fights in the -amphitheaters, nothing was more cruel and unchaste than Greek and Roman -tragedy and comedy. At the time of Christ, the tastes and appetites of -the multitude had grown so fierce and depraved that ordinary spectacles -were regarded as commonplace and insipid. Lifelike realities were -demanded from the actors on the stage; and accordingly, the hero who -played the rōle of the robber chief, Laureolus, was actually crucified -before the spectators, and was then torn to pieces by a hungry bear. -The burning of Hercules on Mount Oeta and the emasculation of Atys -were sought to be realized on the stage by the actual burning and -emasculation of condemned criminals. Lustful as well as cruel appetites -were inflamed and fed by theatrical representations of the intrigues and -adventures of the gods and goddesses. Pantomimes and mimic dances, with -flute accompaniment, were employed to reproduce the amours and -passionate devotions of the inhabitants of Olympus. The guilty loves of -Aphrodite with Mars and Adonis, the adventures of Jupiter and Apollo -with the wives and daughters of mortals, were the plays most frequently -presented and most wildly applauded. And the ignorant rabble were not -the only witnesses of these spectacles. "The sacerdotal colleges and -authorities," says Arnobius, "flamens, and augurs, and chaste vestals, -all have seats at these public amusements. There are seated the -collective people and senate, consuls and consulars, while Venus, the -mother of the Roman race, is danced to the life, and in shameless -mimicry is represented as reveling through all the phases of -meretricious lust. The great mother, too, is danced; the Dindymene of -Pessinus, in spite of her age, surrendering herself to disgusting -passion in the embraces of a cowherd. The supreme ruler of the world is -himself brought in, without respect to his name or majesty, to play the -part of an adulterer, masking himself in order to deceive chaste wives, -and take the place of their husbands in the nuptial bed."[175] - -Not only gladiatorial games and theatrical shows, but painting and -sculpture as well, served to corrupt and demoralize Roman and Greek -manners. Nor is there any prudery in this statement. The masterpieces of -the Greek artists have been the astonishment and despair of all -succeeding ages; and the triumphs of modern art have been but poor -imitations of the models of the first masters. But it is, nevertheless, -true that the embodiment in marble of certain obscene myths was -destructive of ancient morals. The paintings in the temples and houses -of the cities of Greece and Italy were a constant menace to the mental -purity of those who gazed upon them. The statue of Ganymede at the side -of Zeus was a perpetual reminder to the youth of Athens of the -originator of the loathsome custom of paiderastia. The paintings of Leda -and the swan, of the courtship of Dionysus and Ariadne, of the naked -Aphrodite ensnared and caught in the net with Ares that adorned the -walls and ceilings of Greek and Roman homes, were not too well -calculated to inspire pure and virtuous thoughts in the minds and hearts -of tender youths and modest maidens who looked upon and contemplated -them. At Athens, especially, was the corrupting influence of painting -and plastic art most deeply felt. "At every step," says Döllinger, -"which a Greek or Roman took, he was surrounded by images of his gods -and memorials of their mythic history. Not the temples only, but streets -and public squares, house walls, domestic implements and drinking -vessels, were all covered and incrusted with ornaments of the kind. His -eye could rest nowhere, not a piece of money could he take into his hand -without confronting a god. And in this way, through the magical -omnipresence of plastic art, the memory of his gods had sunk into his -soul indelibly, grown up with every operation of his intellect, and -inseparably blended with every picture of his imagination."[176] - -It can thus be easily imagined how close the connection between the -social depravity and the religion of the Greeks and Romans. What was -right in the conduct of the gods, men could not deem sinful in their own -behavior. Indeed, lewd and lascivious acts were frequently proclaimed -not only right, but sacred, because they had been both sanctioned and -committed by the gods themselves. "As impurity," says Döllinger, "formed -a part of religion, people had no scruples in using the temple and its -adjoining buildings for the satisfaction of their lust. The construction -of many of the temples and the prevalent gloom favored this. 'It is a -matter of general notoriety,' Tertullian says, 'that the temples are the -very places where adulteries were arranged, and procuresses pursue their -victims between the altars.' In the chambers of the priests and -ministers of the temple, impurity was committed amid clouds of incense; -and this, Minucius adds, more frequently than in the privileged haunts -of this sin. The sanctuaries and priests of Isis at Rome were specially -notorious in this respect. 'As this Isis was the concubine of Jove -herself, she also makes prostitutes of others,' Ovid said. Still more -shameful sin was practiced in the temples of the Pessinuntine mother of -the gods, where men prostituted themselves and made a boast of their -shame afterwards."[177] - -_The Bacchanalian Orgies._--The most interesting passage of ancient -literature dealing with social life in its relation to religious -observances, is an extract from Livy, the most elegant of Roman -historians. This passage describes the bacchanalian orgies, and gives -exquisite touches to certain phases of ancient Roman social life. Its -insertion here entire is excused on the ground of its direct bearing -upon the subject matter of this chapter: - - A Greek of mean condition came, first, into Etruria; not with one - of the many trades which his nation, of all others the most skilful - in the cultivation of the mind and body, has introduced among us, - but a low operator in sacrifices, and a soothsayer; nor was he one - who, by open religious rites, and by publicly professing his - calling and teaching, imbued the minds of his followers with - terror, but a priest of secret and nocturnal rites. These - mysterious rites were, at first, imparted to a few, but afterwards - communicated to great numbers, both men and women. To their - religious performances were added the pleasures of wine and - feasting, to allure a greater number of proselytes. When wine, - lascivious discourse, night, and the intercourse of the sexes had - extinguished every sentiment of modesty, then debaucheries of every - kind began to be practiced, as every person found at hand that sort - of enjoyment to which he was disposed by the passion predominant in - his nature. Nor were they confined to one species of vice--the - promiscuous intercourse of free-born men and women, but from this - store-house of villany proceeded false witnesses, counterfeit - seals, false evidences, and pretended discoveries. From the same - place, too, proceeded poison and secret murders, so that in some - cases, even the bodies could not be found for burial. Many of their - audacious deeds were brought about by treachery, but most of - them by force; it served to conceal the violence, that on account - of the loud shouting, and the noise of drums and cymbals, none of - the cries uttered by the persons suffering violation or murder - could be heard abroad. - -[Illustration: READING FROM HOMER (ALMA-TADEMA)] - - The infection of this mischief, like that from the contagion of - disease, spread from Etruria to Rome; where, the size of the city - affording greater room for such evils, and more means of - concealment, cloaked it at first; but information of it was at - length brought to the consul, Postumius, principally in the - following manner. Publius Ębutius, whose father had held equestrian - rank in the army, was left an orphan, and his guardians dying, he - was educated under the eye of his mother Duronia, and his - stepfather Titus Sempronius Rutilus. Duronia was entirely devoted - to her husband; and Sempronius, having managed the guardianship in - such a manner that he could not give an account of the property, - wished that his ward should be either made away with, or bound to - compliance with his will by some strong tie. The Bacchanalian rites - were the only way to effect the ruin of the youth. His mother told - him, that, "During his sickness, she had made a vow for him, that - if he should recover, she would initiate him among the - Bacchanalians; that being, through the kindness of the gods, bound - by this vow, she wished now to fulfil it; that it was necessary he - should preserve chastity for ten days, and on the tenth, after he - should have supped and washed himself, she would conduct him into - the place of worship." There was a freedwoman called Hispala - Fecenia, a noted courtesan, but deserving of a better lot than the - mode of life to which she had been accustomed when very young, and - a slave, and by which she had maintained herself since her - manumission. As they lived in the same neighborhood, an intimacy - subsisted between her and Ębutius, which was far from being - injurious either to the young man's character or property; for he - had been loved and wooed by her unsolicited; and as his friends - supplied his wants illiberally, he was supported by the generosity - of this woman; nay, to such a length did she go under the influence - of her affection, that, on the death of her patron, because she - was under the protection of no one, having petitioned the tribunes - and prętors for a guardian, when she was making her will, she - constituted Ębutius her sole heir. - - As such pledges of mutual love subsisted, and as neither kept - anything secret from the other, the young man jokingly bid her not - be surprised if he separated himself from her for a few nights, as, - "on account of a religious duty, to discharge a vow made for his - health, he intended to be initiated among the Bacchanalians." On - hearing this, the woman, greatly alarmed, cried out, "May the gods - will more favorably!" affirming that "It would be better, both for - him and her, to lose their lives than that he should do such a - thing:" she then imprecated curses, vengeance, and destruction on - the head of those who advised him to such a step. The young man, - surprised both at her expressions and at the violence of her alarm, - bid her refrain from curses, for "it was his mother who ordered him - to do so, with the approbation of his stepfather." "Then," said - she, "your stepfather (for perhaps it is not allowable to censure - your mother), is in haste to destroy, by that act, your chastity, - your character, your hopes and your life." To him, now surprised by - such language, and inquiring what was the matter, she said, (after - imploring the favor and pardon of the gods and goddesses, if, - compelled by her regard for him, she disclosed what ought not to be - revealed), that "when in service, she had gone into that place of - worship, as an attendant on her mistress, but that, since she had - obtained her liberty, she had never once gone near it: that she - knew it to be the receptacle of all kinds of debaucheries; that it - was well known that, for two years past, no one older than twenty - had been initiated there. When any person was introduced he was - delivered as a victim to the priests, who led him away to a place - resounding with shouts, the sound of music, and the beating of - cymbals and drums, lest his cries while suffering violation, should - be heard abroad." She then entreated and besought him to put an end - to that matter in some way or other, and not to plunge himself into - a situation, where he must first suffer, and afterwards commit, - everything that was abominable. Nor did she quit him until the - young man gave her his promise to keep himself clear of those - rites. - - When he came home, and his mother made mention of such things - pertaining to the ceremony as were to be performed on that day, and - on the several following days, he told her that he would not - perform any of them, nor did he intend to be initiated. His - stepfather was present at this discourse. Immediately the woman - observed that "he could not deprive himself of the company of - Hispala for ten nights; that he was so fascinated by the caresses - and baneful influence of that serpent, that he retained no respect - for his mother or stepfather, or even the gods themselves." His - mother on one side and his stepfather on the other loading him with - reproaches, drove him out of the house, assisted by four slaves. - The youth on this repaired to his aunt Ębutia, told her the reason - of his being turned out by his mother, and the next day, by her - advice, gave information of the affair to the consul Postumius, - without any witnesses of the interview. The consul dismissed him, - with an order to come again on the third day following. In the - meantime, he inquired of his mother-in-law, Sulpicia, a woman of - respectable character, "whether she knew an old matron called - Ębutia, who lived on the Aventine hill?" When she had answered that - "she knew her well, and that Ębutia was a woman of virtue, and of - the ancient purity of morals;" he said that he required a - conference with her, and that a messenger should be sent for her to - come. Ębutia, on receiving the message, came to Sulpicia's house, - and the consul, soon after, coming in, as if by accident, - introduced a conversation about Ębutius, her brother's son. The - tears of the woman burst forth, and she began to lament the unhappy - lot of the youth: who after being robbed of his property by persons - whom it least of all became, was then residing with her, being - driven out of doors by his mother, because, being a good youth (may - the gods be propitious to him), he refused to be initiated in - ceremonies devoted to lewdness, as report goes. - - The consul thinking that he had made sufficient inquiries - concerning Ębutius, and that his testimony was unquestionable, - having dismissed Ębutia, requested his mother-in-law to send again - to the Aventine, and bring from that quarter Hispala, a freedwoman, - not unknown in that neighborhood; for there were some queries which - he wished to make of her. Hispala being alarmed because she was - being sent for by a woman of such high rank and respectable - character, and being ignorant of the cause, after she saw the - lictors in the porch, the multitude attending to the consul and the - consul himself, was very near fainting. The consul led her into the - retired part of the house, and, in the presence of his - mother-in-law, told her, that she need not be uneasy, if she could - resolve to speak the truth. She might receive a promise of - protection either from Sulpicia, a matron of such dignified - character, or from himself. That she ought to tell him, what was - accustomed to be done at the Bacchanalia, in the nocturnal orgies - in the grove of Stimula. When the woman heard this, such terror and - trembling of all her limbs seized her, that for a long time she was - unable to speak; but recovering at length she said, that "when she - was very young, and a slave, she had been initiated, together with - her mistress; but for several years past, since she had obtained - her liberty, she knew nothing of what was done there." The consul - commended her so far, as not having denied that she was initiated, - but charged her to explain all the rest with the same sincerity; - and told her, affirming that she knew nothing further, that "there - would not be the same tenderness or pardon extended to her, if she - should be convicted by another person, and one who had made a - voluntary confession; that there was such a person, who had heard - the whole from her, and had given him a full account of it." - - The woman, now thinking without a doubt that it must certainly be - Ębutius who had discovered the secret, threw herself at Sulpicia's - feet, and at first began to beseech her, "not to let the private - conversation of a freedwoman with her lover be turned not only into - a serious business, but even capital charge;" declaring that "she - had spoken of such things merely to frighten him, and not because - she knew anything of the kind." On this Postumius, growing angry, - said "she seemed to imagine that then too she was wrangling with - her gallant Ębutius, and not that she was speaking in the house of - a most respectable matron, and to a consul." Sulpicia raised her, - terrified, from the ground, and while she encouraged her to speak - out, at the same time pacified her son-in-law's anger. At length - she took courage, and, having censured severely the perfidy of - Ębutius, because he had made such a return for the extraordinary - kindness shown to him in that very instance, she declared that "she - stood in great dread of the gods, whose secret mysteries she was to - divulge; and in much greater dread of the men implicated, who would - tear her asunder with their hands if she became an informer. - Therefore she entreated this favor of Sulpicia, and likewise of the - consul, that they would send her away some place out of Italy, - where she might pass the remainder of her life in safety." The - consul desired her to be of good spirits, and said that it should - be his care that she might live securely in Rome. - - Hispala then gave a full account of the origin of the mysteries. - "At first," she said, "those rites were performed by women. No man - used to be admitted. They had three stated days in the year on - which such persons were initiated among the Bacchanalians, in the - daytime. The matrons used to be appointed priestesses, in rotation. - Paculla Minia, a Campanian, when priestess, made an alteration in - every particular as if by the direction of the gods. For she first - introduced men, who were her own sons, Minucius and Herrenius, both - surnamed Cerrinius; changed the time of celebration, from day to - night; and, instead of three days in the year, appointed five days - of initiation in each month. From the time that the rites were thus - made common, and men were intermixed with women, and the licentious - freedom of the night was added, there was nothing wicked, nothing - flagitious, that had not been practiced among them. There were more - frequent pollution of men, with each other, than with women. If any - were less patient in submitting to dishonor, or more averse to the - commission of vice, they were sacrificed as victims. To think - nothing unlawful, was the grand maxim of their religion. The men, - as if bereft of reason, uttered predictions, with frantic - contortions of their bodies; the women, in the habit of - Bacchantes, with their hair dishevelled, and carrying blazing - torches, ran down to the Tiber; where, dipping their torches in the - water, they drew them up again with the flame unextinguished, being - composed of native sulphur and charcoal. They said that those men - were carried off by the gods, whom the machines laid hold of and - dragged from their view into secret caves. These were such as - refused to take the oath of the society or to associate in their - crimes, or to submit to defilement. Their number was exceedingly - great now, almost a second state in themselves and among them were - many men and women of noble families. During the last two years it - had been a rule, that no person above the age of twenty should be - initiated, for they sought for people of such age as made them more - liable to suffer deception and personal abuse." When she had - completed her information, she again fell at the consul's knees, - and repeated the same entreaties, that he might send her out of the - country. The consul requested his mother-in-law to clear some part - of the house, into which Hispala might remove; accordingly an - apartment was assigned her in the upper part of it, of which the - stairs, opening into the street, were stopped up, and the entrance - made from the inner court. Thither all Fecenia's effects were - immediately removed, and her domestics sent for. Ębutius, also, was - ordered to remove to the house of one of the consul's clients. - - When both the informers were by these means in his power, Postumius - represented the affair to the senate, laying before them the whole - circumstance, in due order; the information given to him at first, - and the discoveries gained by his inquiries afterwards. Great - consternation seized on the senators; not only on the public - account, lest such conspiracies and nightly meetings might be - productive of secret treachery and mischief, but, likewise, on - account of their own particular families, lest some of their - relations might be involved in this infamous affair. The senate - voted, however, that thanks should be given to the consul because - he had investigated the matter with singular diligence, and without - exciting any alarm. They then commit to the consuls the holding an - inquiry, out of the common course, concerning the Bacchanals and - their nocturnal orgies. They ordered them to take care that the - informers, Ębutius and Fecenia, might suffer no injury on that - account; and to invite other informers in the matter, by offering - rewards. They ordered that the officials in those rites, whether - men or women, should be sought for, not only at Rome, but also - throughout all the market towns and places of assembly, and be - delivered over to the power of the consuls; and also that - proclamation should be made in the city of Rome, and published - through all Italy, that "no persons initiated in the Bacchanalian - rites should presume to come together or assemble on account of - those rites, or to perform any such kind of worship;" and above - all, that search should be made for those who had assembled or - conspired for personal abuse, or for any other flagitious - practices. The senate passed these decrees. The consuls directed - the curule ędiles to make strict inquiry after all the priests of - those mysteries, and to keep such as they could apprehend in - custody until their trial; they at the same time charged the - plebeian ędiles to take care that no religious ceremonies should be - performed in private. To the capital triumvirs the task was - assigned to post watches in proper places in the city, and to use - vigilance in preventing any meetings by night. In order likewise to - guard against fires, five assistants were joined to the triumvirs, - so that each might have the charge of the buildings in his own - separate district, on this side the Tiber. - - After despatching these officers to their several employments, the - consuls mounted the rostrum; and, having summoned an assembly of - the people, one of the consuls, when he had finished the solemn - form of prayer which the magistrates are accustomed to pronounce - before they address the people, proceeded thus: "Romans, to no - former assembly was this solemn supplication to the gods more - suitable or even more necessary: as it serves to remind you, that - these are the deities whom your forefathers pointed out as the - objects of your worship, veneration and prayers: and not those - which infatuated men's minds with corrupt and foreign modes of - religion, and drove them, as if goaded by the furies, to every lust - and every vice. I am at a loss to know what I should conceal, or - how far I ought to speak out; for I dread lest, if I leave you - ignorant of any particular, I should give room for carelessness, or - if I disclose the whole, that I should too much awaken your fears. - Whatever I shall say, be assured that it is less than the magnitude - and atrociousness of the affair would justify: exertions will be - used by us that it may be sufficient to set us properly on our - guard. That the Bacchanalian rites have subsisted for some time - past in every country in Italy, and are at present performed in - many parts of this city also, I am sure you must have been - informed, not only by report, but by the nightly noises and the - horrid yells that resound through the whole city; but still you are - ignorant of the nature of that business. Part of you think it is - some kind of worship of the gods; others, some excusable sport and - amusement, and that whatever it may be, it concerns but a few. As - regards the number if I tell you that there are many thousands, - that you would be immediately terrified to excess is a necessary - consequence; unless I further acquaint you who and what sort of - persons they are. First, then, a great part of them are women, and - this was the source of the evil; the rest are males, but nearly - resembling women; actors and pathics in the vilest lewdness; night - revellers, driven frantic by wine, noise of instruments, and - clamors. The conspiracy, as yet, has no strength; but it has - abundant means of acquiring strength, for they are becoming more - numerous every day. Your ancestors would not allow that you should - ever assemble casually without some good reason; that is, either - when the standard was erected on the Janiculum, and the army led - out on occasion of elections; or when the tribunes proclaimed a - meeting of the commons, or some of the magistrates summoned you to - it. And they judged it necessary, that wherever a multitude was, - there should be a lawful governor of that multitude present. Of - what kind do you suppose are the meetings of these people? In the - first place, held in the night, and in the next, composed - promiscuously of men and women. If you knew at what ages the males - are initiated, you would feel not only pity, but also shame for - them. Romans, can you think youths initiated, under such oaths as - theirs, are fit to be made soldiers? That arms should be intrusted - with wretches brought out of that temple of obscenity? Shall these, - contaminated with their own foul debaucheries and those of others, - be champions for the chastity of your wives and children? - - "But the mischief were less, if they were only effeminated by their - practices; or that the disgrace would chiefly affect themselves; if - they refrained their hands from outrage, and their thoughts from - fraud. But never was there in the state an evil of so great - magnitude, or one that extended to so many persons or so many acts - of wickedness. Whatever deeds of villany have, during late years - been committed through lust; whatever through fraud; whatever - through violence; they have all, be assured, proceeded from that - association alone. They have not yet perpetrated all the crimes for - which they combine. The impious assembly at present confines itself - to outrages on private citizens; because it has not yet acquired - force sufficient to crush the commonwealth: but the evil increases - and spreads daily; it is already too great for the private ranks of - life to contain it, and aims its views at the body of the state. - Unless you take timely precautions, Romans, their nightly assembly - may become as large as this, held in open day and legally summoned - by a consul. Now they one by one dread you collected together in - the assembly; presently, when you shall have separated and retired - to your several dwellings, in town and country, they will again - come together, and will hold a consultation on the means of their - own safety, and, at the same time, of your destruction. Thus - united, they will cause terror to every one of you. Each of you - therefore, ought to pray that his kindred may have behaved with - wisdom and prudence; and if lust, if madness, has dragged any of - them into that abyss, to consider such a person as the relation of - those with whom he has conspired for every disgraceful and reckless - act, and not as one of your own. I am not secure, lest some even of - yourselves may have erred through mistake; for nothing is more - deceptive in appearance than false religion. When the authority of - the gods is held out as a pretext to cover vice, fear enters our - minds, lest in punishing the crimes of men, we may violate some - divine right connected therewith. Numberless decisions of the - pontiffs, decrees of the senate, and even answers of the aruspices, - free you from religious scruples of this character. How often in - the ages of our fathers was it given in charge to the magistrates, - to prohibit the performances of any foreign religious rites; to - banish strolling sacrificers and soothsayers from the Forum, the - circus and the city; to search for and burn books of divination; - and to abolish every mode of sacrificing that was not conformable - to the Roman practice! For they, completely versed in every divine - and human law, maintained that nothing tended so strongly to the - subversion of religion as sacrifice, when we offered it not after - the institutions of our forefathers, but after foreign customs. - Thus much I thought necessary to mention to you beforehand, that no - vain scruple might disturb your minds when you should see us - demolishing the places resorted to by the Bacchanalians, and - dispersing their impious assemblies. We shall do all these things - with the favor and approbation of the gods; who, because they were - indignant that their divinity was dishonored by those people's lust - and crimes, have drawn forth their proceedings from hidden darkness - into the open light; and who have directed them to be exposed, not - that they may escape with impunity, but in order that they may be - punished and suppressed. The senate have committed to me and my - colleague, an inquisition extraordinary concerning that affair. - What is requisite to be done by ourselves, in person, we will do - with energy. The charge of posting watches through the city, during - the night, we have committed to the inferior magistrates; and, for - your parts, it is incumbent on you to execute vigorously whatever - duties are assigned you, and in the several places where each will - be placed, to perform whatever orders you shall receive, and to use - your best endeavors that no danger or tumult may arise from the - treachery of the party involved in the guilt." - - They then ordered the decrees of the senate to be read, and - published a reward for any discoverer who should bring any of the - guilty before them, or give information against any of the absent, - adding, that "if any person accused should fly, they would limit a - certain day upon which, if he did not answer when summoned, he - would be condemned in his absence; and if anyone should be charged - who was out of Italy, they would not allow him any longer time, if - he should wish to come and make his defence." They then issued an - edict, that "no person whatever should presume to buy or sell - anything for the purpose of leaving the country; or to receive or - conceal, or by any means aid the fugitives." On the assembly being - dismissed, great terror spread throughout the city; nor was it - confined merely within the walls, or to the Roman territory, for - everywhere throughout the whole of Italy alarm began to be - felt--when the letters from the guest-friends were - received--concerning the decree of the senate, and what passed in - the assembly and the edict of the consuls. During the night, which - succeeded the day in which the affair was made public, great - numbers attempting to fly, were seized and bought back by the - triumvirs, who had posted guards at all the gates; and informations - were lodged against many, some of whom, both men and women, put - themselves to death. Above seven thousand men and women are said to - have taken the oath of the association. But it appeared that the - heads of the conspiracy were the two Catinii, Marcus and Caius, - Roman plebeians; Lucius Opiturnius, a Faliscian; and Minius - Cerrinius, a Campanian: that from these proceeded all their - criminal practices, and that these were the chief priests and - founders of the sect. Care was taken that they should be - apprehended as soon as possible. They were brought before the - consuls, and confessing their guilt, caused no delay to the ends of - justice. - - But so great were the numbers that fled from the city, that because - the lawsuits and property of many persons were going to ruin, the - prętors, Titius Męnius and Marcus Licinius were obliged, under the - direction of the senate, to adjourn their courts for thirty days - until the inquiries should be finished by the consuls. The same - deserted state of the law courts, since the persons against whom - charges were brought did not appear to answer, nor could be found - in Rome, necessitated the consuls to make a circuit of the country - towns, and there to make their inquisitions and hold the trials. - Those who, as it appeared, had been only initiated, and had made - after the priest, and in the most solemn form, the prescribed - imprecations, in which the accursed conspiracy for the perpetration - of every crime and lust was contained, but who had not themselves - committed, or compelled others to commit, any of those acts to - which they were bound by the oath--all such they left in prison. - But those who had forcibly committed personal defilements or - murders, or were stained with the guilt of false evidence, - counterfeit seals, forged wills, or other frauds, all these they - punished with death. A greater number were executed than thrown - into prison; indeed the multitude of men and women who suffered in - both ways, was very considerable. The consuls delivered the women - who were condemned to their relations, or to those under whose - guardianship they were, that they might inflict the punishment in - private; but if there did not appear any proper person of the kind - to execute the sentence, the punishment was inflicted in public. A - charge was then given to demolish all the places where the - Bacchanalians had held their meetings; first, in Rome, and then - throughout all Italy; excepting those wherein should be found some - ancient altar, or consecrated statue. With regard to the future, - the senate passed a decree, "that no Bacchanalian rites should be - celebrated in Rome or in Italy:" and ordering that, "in case any - person should believe some such kind of worship incumbent upon him, - and necessary; and that he could not, without offence to religion, - and incurring guilt, omit it, he should represent this to the city - prętor, and the prętor should lay the business before the senate. - If permission were granted by the senate, when not less than one - hundred members were present, then he might perform those rites, - provided that no more than five persons should be present at the - sacrifice, and that they should have no common stock of money, nor - any president of the ceremonies, nor priest." - - Another decree connected with this was then made, on a motion of - the consul, Quintus Marcius, that "the business respecting the - persons who had served the consuls as informers should be proposed - to the senate in its original form, when Spurius Postumius should - have finished his inquiries, and returned to Rome." They voted - that Minus Cerrinius, the Campanian, should be sent to Ardea, to be - kept in custody there; and that a caution should be given to the - magistrates of that city, to guard him with more than ordinary - care, so as to prevent not only his escaping, but his having an - opportunity of committing suicide. - - Spurius Postumius some time after came to Rome and on his proposing - the question, concerning the reward to be given to Publius Ębutius - and Hispala Fecenia, because the Bacchanalian ceremonies were - discovered by their exertions, the senate passed a vote, that "the - city quęstors should give to each of them, out of the public - treasury, one hundred thousand asses; and that the consuls should - desire the plebeian tribunes to propose to the commons as soon as - convenient, that the campaigns of Publius Ębutius should be - considered as served, that he should not become a soldier against - his wishes, nor should any censor assign him a horse at the public - charge." They voted also, that "Hispala Fecenia should enjoy the - privileges of alienating her property by gift or deed; of marrying - out of her rank, and of choosing a guardian, as if a husband had - conferred them by will; that she should be at liberty to wed a man - of honorable birth, and that there should be no disgrace or - ignominy to him who should marry her; and that the consuls and - prętors then in office, and their successors, should take care that - no injury should be offered to that woman, and that she might live - in safety. That the senate wishes, and thought proper, that all - these things should be so ordered."--All these particulars were - proposed to the commons, and executed, according to the vote of the - senate; and full permission was given to the consuls to determine - respecting the impunity and rewards of the other informers.[178] - -The bacchanalian orgies were first suppressed nearly two hundred years -before Christ. The above extract from Livy reminds us that at that time -the Romans were still strong and virtuous, and that a proposal of their -Consul to eradicate a vicious evil that threatened the existence of both -domestic life and the State, met with warm approval and hearty support -from both the Senate and the people. But the insidious infection was -never completely eradicated; and the work of the "Greek from Etruria" -bore bitter fruit in the centuries that followed. And when we consider -that not only bacchanalian orgies, but Greek literature, painting, -sculpture, tragedy and comedy, were the chief causes of the pollution of -Roman morals and the destruction of the Roman State, should we be -surprised that Juvenal, in an outburst of patriotic wrath, should have -declaimed against "a Grecian capital in Italy";[179] and that he should -have hurled withering scorn at - - The flattering, cringing, treacherous, artful race, - Of fluent tongue and never-blushing face, - A Protean tribe, one knows not what to call, - That shifts to every form, and shines in all. - -And, when we consider the state of the Roman world at the time of -Christ, should we be surprised that St. Paul should have described -Romans as "Being filled with all unrighteousness, fornication, -wickedness, covetousness, maliciousness; full of envy, murder, debate, -deceit, malignity; whisperers, backbiters, haters of God, despiteful, -proud, boasters, inventors of evil things, disobedient to parents, -without understanding, covenant-breakers, without natural affection, -implacable, unmerciful"?[180] - -Suffice it to say, in closing the chapter on Gręco-Roman paganism, -that, at the beginning of the Christian era, the Roman empire had -reached the limit of physical expansion. Roman military glory had -culminated in the sublime achievements of Pompey and of Cęsar. -Mountains, seas, and deserts, beyond which all was barbarous and -desolate, were the natural barriers of Roman dominion. Roman arms could -go no farther; and Roman ambition could be no longer gratified by -conquest. The Roman religion had fallen into decay and contempt; and the -Roman conscience was paralyzed and benumbed. Disgusted with this world, -the average Roman did not believe in any other, and was utterly without -hope of future happiness. A gloomy despondency filled the hearts of men -and drove them into black despair. When approaching death, they wore no -look of triumph, expressed no belief in immortality, but simply -requested of those whom they were leaving behind, to scatter flowers on -their graves, or to bewail their early end. An epigram of the Anthology -is this: "Let us drink and be merry; for we shall have no more of -kissing and dancing in the kingdom of Proserpine: soon shall we fall -asleep to wake no more." The same sentiments are expressed in epitaphs -on Roman sepulchral monuments of the period. One of them reads thus: -"What I have eaten and drunk, that I take with me; what I have left -behind me, that have I forfeited." This is the language of another: -"Reader, enjoy thy life; for after death there is neither laughter nor -play, nor any kind of enjoyment." Still another: "Friend, I advise, mix -thee a goblet of wine, and drink, crowning thy head with flowers. Earth -and fire consume all that remains after death." And, finally, one of -them assures us that Greek mythology is false: "Pilgrim, stay thee, -listen and learn. In Hades there is no ferryboat, nor ferryman Charon; -no Ęacus or Cerberus;--once dead, and we are all alike."[181] - -Matthew Arnold has very graphically described the disgusting, sickening, -overwhelming despair of the Roman people at the birth of Christ. - - Ah! carry back thy ken, - What, some two thousand years! Survey - The world as it was then. - - Like ours it looked, in outward air, - Its head was clear and true; - Sumptuous its clothing, rich its fare; - No pause its action knew. - - Stout was its arm, each thew and bone - Seem'd puissant and alive-- - But ah! its heart, its heart was stone - And so it could not thrive. - - On that hard pagan world disgust - And secret loathing fell; - Deep weariness and sated lust - Made human life a hell. - - In his goodly hall with haggard eyes, - The Roman noble lay; - He drove abroad in furious guise - Along the Appian Way. - - He made a feast, drank fierce and fast, - And crowned his hair with flowers; - No easier, nor no quicker passed - The impracticable hours.[182] - -But the "darkest hour is just before the dawn," and "the fulness of the -time was come." Already the first faint glimmers of the breaking of a -grander and better day were perceptible to the senses of the noblest and -finest of Roman intellects. Already Cicero had pictured a glorious -millennium that would follow if perfect virtue should ever enter into -the flesh and come to dwell among men.[183] Already Virgil, deriving -inspiration from the Erythręan Sibylline prophecies, had sung of the -advent of a heaven-born child, whose coming would restore the Golden -Age, and establish enduring peace and happiness on the earth.[184] -Already a debauched, degraded and degenerate world was crying in the -anguish of its soul: "I know that my Redeemer liveth!" And, even before -the Baptist began to preach in the wilderness, the ways had been made -straight for the coming of the Nazarene. - - - - -_APPENDICES_ - - - - -APPENDIX I - -CHARACTERS OF THE SANHEDRISTS WHO TRIED JESUS - - -The following short biographical sketches of about forty of the members -of the Sanhedrin who tried Jesus are from a work entitled "Valeur de -l'assemblée qui prononēa la peine de mort contre Jésus Christ"--Lémann. -The English translation, under the title "Jesus Before the Sanhedrin," -is by Julius Magath, Oxford, Georgia. - -Professor Magath's translation is used in this work by special -permission.--THE AUTHOR. - - -THE MORAL CHARACTERS OF THE PERSONAGES WHO SAT AT THE TRIAL OF CHRIST - -The members of the Sanhedrin that judged Christ were seventy-one in -number, and were divided into three chambers; but we must know the -names, acts, and moral characters of these judges. That such a knowledge -would throw a great light on this celebrated trial can be easily -understood. The characters of Caiaphas, Ananos, and Pilate are already -well known to us. These stand out as the three leading figures in the -drama of the Passion. But others have appeared in it; would it not be -possible to produce them also before history? This task, we believe, has -never yet been undertaken. It was thought that documents were wanting. -But this is an error; such documents exist. We have consulted them; and -in this century of historical study and research we shall draw forth -from the places where they have been hidden for centuries, the majority -of the judges of Christ. - -Three kinds of documents have, in a particular manner, enabled us to -discover the characters of these men: the books of the Evangelists, the -valuable writings of Josephus the historian, and the hitherto unexplored -pages of the Talmud. We shall bring to light forty of the judges, so -that more than half of the Sanhedrin will appear before us; and this -large majority will be sufficient to enable us to form an opinion of the -moral tone of the whole assembly. - -To proceed with due order, we will begin with the most important -chamber--viz., the chamber of the priests. - - -I. THE CHAMBER OF THE PRIESTS - -We use the expression "chamber of the _priests_." In the Gospel -narrative, however, this division of the Sanhedrin bears a more imposing -title. Matthew, Mark, and the other Evangelists, designate it by the -following names: the council _of the high priests_, and the council _of -the princes of the priests_.[185] - -But we may ask, Why is this pompous name given to this chamber by the -Evangelists? Is this not an error on their part? An assembly of priests -seems natural, but how can there be an assembly of high priests, since -according to the Mosaic institution there could be only one high priest, -whose office was tenable for life. There is, however, neither an error -nor an undue amplification on the part of the Gospel narrators; and we -may also add here that both Talmuds positively speak of an assembly of -high priests.[186] But how, then, can we account for the presence of -several high priests at the same time in the Sanhedrin? Here is the -explanation, to the shame of the Jewish assembly: - -For nearly a century a detestable abuse prevailed, which consisted in -the arbitrary nomination and deposition of the high priest. The high -priesthood, which for fifteen centuries had been preserved in the same -family, being hereditary according to the divine command,[187] had at -the time of Christ's advent become an object of commercial speculation. -Herod commenced these arbitrary changes,[188] and after Judea became one -of the Roman conquests the election of the high priest took place almost -every year at Jerusalem, the procurators appointing and deposing them in -the same manner as the prętorians later on made and unmade -emperors.[189] The Talmud speaks sorrowfully of this venality and the -yearly changes of the high priest. - -This sacred office was given to the one that offered the most money for -it, and mothers were particularly anxious that their sons should be -nominated to this dignity.[190] - -The expression, "_the council of the high priests_," used by the -Evangelists to designate this section of the Sanhedrin, is therefore -rigorously correct; for at the time of the trial of Christ there were -about twelve ex-high priests, who still retained the honorable title of -their charge, and were, by the right of that title, members of the high -tribunal. Several ordinary priests were also included in this chamber, -but they were in most cases related to the high priests; for in the -midst of the intrigues by which the sovereign pontificate was surrounded -in those days, it was customary for the more influential of the chief -priests to bring in their sons and allies as members of their chamber. -The spirit of caste was very powerful, and as M. Dérembourg, a modern -Jewish savant, has remarked: "_A few priestly, aristocratic, powerful, -and vain families, who cared for neither the dignity nor the interests -of the altar, quarreled with each other respecting appointments, -influence, and wealth_."[191] - -To sum up, we have, then, in this first chamber a double element--high -priests and ordinary priests. We shall now make them known by their -names and characters, and indicate the sources whence the information -has been obtained. - -CAIAPHAS, high priest then in office. He was the son-in-law of Ananos, -and exercised his office for eleven years--during the whole term of -Pilate's administration (25-36 A.D.). It is he who presided over the -Sanhedrin during this trial, and the history of the Passion as given by -the Evangelists is sufficient to make him known to us. (See Matt. xxvi. -3; Luke iii. 2, etc.; Jos., "Ant.," B. XVIII. C. II. 2.) - -ANANOS held the office of high priest for seven years under Coponius, -Ambivus, and Rufus (7-11 A.D.). This personage was the father-in-law of -Caiaphas, and although out of office was nevertheless consulted on -matters of importance. It may be said, indeed, that in the midst of the -instability of the sacerdotal office he alone preserved in reality its -authority. For fifty years this high office remained without -interruption in his family. Five of his sons successively assumed its -dignity. This family was even known as the "sacerdotal family," as if -this office had become hereditary in it. Ananos had charge also of the -more important duties of the Temple, and Josephus says that he was -considered the most fortunate man of his time. He adds, however, that -the spirit of this family was haughty, audacious, and cruel. (Luke iii. -2; John xviii. 13, 24; Acts iv. 6; Jos., "Ant.," B. XV. C. III 1; XX. -IX. 1, 3; "Jewish Wars," B. IV. V. 2, 6, 7.) - -ELEAZAR was high priest during one year, under Valerius Grattus (23-24 -A.D.). He was the eldest son of Ananos. (Jos., "Ant.," B. XVIII. II. 2.) - -JONATHAN, son of Ananos, simple priest at that time, but afterwards made -high priest for one year in the place of Caiaphas when the latter was -deposed, after the disgrace of Pilate, by Vitellius, Governor-general of -Syria (37 A.D.). (Jos., "Ant.," B. XVIII. IV. 3.) - -THEOPHILUS, son of Ananos, simple priest at that time, but afterwards -made high priest in the place of his brother Jonathan, who was deposed -by Vitellius. Theophilus was in office five years (38-42 A.D.). (Jos., -"Ant.," B. XIX. VI. 2; Munk, "Hist. de la Palestine," p. 568.) - -MATTHIAS, son of Ananos. Simple priest; afterwards high priest for two -years (42-44 A.D.). He succeeded Simon Cantharus, who was deposed by -King Herod Agrippa. (Jos., "Ant.," XIX. VI. 4.) - -ANANUS, son of Ananos. Simple priest at the time; afterwards made high -priest by Herod Agrippa after the death of the Roman governor, Portius -Festus (63 A.D.). Being a Sadducee of extravagant zeal, he was deposed -at the end of three months by Albanus, successor of Portius Festus, for -having illegally condemned the apostle James to be stoned. (Acts xxiii. -2, xxiv. 1; Jos., "Ant.," B. XX. IX. 1.) - -JOAZAR, high priest for six years during the latter days of Herod the -Great and the first years of Archelaus (4 B.C.-2 A.D.). He was the son -of Simon Boethus, who owed his dignity and fortune to the following -dishonorable circumstance, as related by Josephus the historian: "There -was one Simon, a citizen of Jerusalem, the son of Boethus, a citizen of -Alexandria and a priest of great note there. This man had a daughter, -who was esteemed the most beautiful woman of that time. And when the -people of Jerusalem began to speak much in her commendation, it -happened that Herod was much affected by what was said of her; and when -he saw the damsel he was smitten with her beauty. Yet did he entirely -reject the thought of using his authority to abuse her ... so he thought -it best to take the damsel to wife. And while Simon was of a dignity too -inferior to be allied to him, but still too considerable to be despised, -he governed his inclinations after the most prudent manner by augmenting -the dignity of the family and making them more honorable. Accordingly he -forthwith deprived Jesus, the son of Phabet, of the high priesthood, and -conferred that dignity on Simon." Such, according to Josephus, is the -origin--not at all of a supernatural nature--of the call to the high -priesthood of Simon Boethus and his whole family. Simon, at the time of -this trial, was already dead; but Joazar figured in it with two of his -brothers, one of whom was, like himself, an ex-high priest. (Jos., -"Ant.," B. XV. IX. 3; XVII. VI. 4; XVIII. I. 1; XIX. VI. 2.) - -ELEAZAR, second son of Simon Boethus. He succeeded his brother Joazar -when the latter was deprived of that function by King Archelaus (2 -A.D.). Eleazar was high priest for a short time only, the same king -deposing him three months after his installation. (Jos., "Ant.," B. -XVII. XIII. 1; XIX. VI. 2.) - -SIMON CANTHARUS, third son of Simon Boethus. Simple priest at the time; -was afterwards made high priest by King Herod Agrippa (42 A.D.), who, -however, deposed him after a few months. (Jos., "Ant.," B. XIX. VI. 2, -4.) - -JESUS _ben_ SIE succeeded Eleazar to the high priesthood, and held the -office for five or six years (1-6 A.D.) under the reign of Archelaus. -(Jos., "Ant.," XVII. XIII. 1.) - -ISMAEL _ben_ PHABI. High priest for nine years under procurator Valerius -Grattus, predecessor of Pontius Pilate. He was considered, according to -the rabbins, the handsomest man of his time. The effeminate love of -luxury of this chief priest was carried to such an extent that his -mother, having made him a tunic of great price, he deigned to wear it -once, and then consigned it to the public wardrobe, as a grand lady -might dispose of a robe which no longer pleased her caprices. ("Talmud," -"Pesachim," or "of the Passover," fol. 57, verso; "Yoma," or "the Day of -Atonement," fol. 9, verso; 35, recto; Jos., "Ant.," XVIII. II. 2; XX. -VIII. 11; Bartolocci, "Grand Bibliothčque Rabbinique," T. III. p. 297; -Munk, "Palestine," pp. 563, 575.) - -SIMON _ben_ CAMITHUS, high priest during one year under procurator -Valerius Grattus (24-25 A.D.). This personage was celebrated for the -enormous size of his hand, and the Talmud relates of him the following -incident: On the eve of the day of atonement it happened, in the course -of a conversation which he had with Arathus, King of Arabia--whose -daughter Herod Antipas had just married--that some saliva, coming out of -the mouth of the king, fell on the robe of Simon. As soon as the king -left him, he hastened to divest himself of it, considering it desecrated -by the circumstance, and hence unworthy to be worn during the services -of the following day. What a remarkable instance of Pharisaical purity -and charity! ("Talmud," "Yoma," or "the Day of Atonement," fol. 47, -verso; Jos., "Ant.," XVIII. II. 2; Dérembourg, "Essai sur l'histoire," -p. 197, n. 2.) - -JOHN, simple priest. He is made known to us through the Acts of the -Apostles. "And Annas the high priest, and Caiaphas, and John, and -Alexander, and as many as were of the kindred of the high priest, were -gathered together in Jerusalem." (Acts iv. 6.) - -ALEXANDER, simple priest; also mentioned in the Acts of the Apostles in -the passage above quoted. Josephus also makes mention of him, and says -that he afterwards became an _Alabarch_--that is to say, first -magistrate of the Jews in Alexandria. That he was very rich is to be -learned from the fact that King Herod Agrippa asked and obtained from -him the loan of two hundred thousand pieces of silver. (Acts iv. 6; -Jos., "Ant.," XVIII. VI. 3; XX. V. 2; Petri Wesselingii, "Diatribe de -Judęorum Archontibus," Trajecti ad Rhenum, pp. 69-71.) - -ANANIAS _ben_ NEBEDEUS, simple priest at that time; was elected to the -high priesthood under procurators Ventideus, Cumanus, and Felix (48-54 -A.D.). He is mentioned in the Acts of the Apostles and by Josephus. It -was this high priest who delivered the apostle Paul to procurator Felix. -"Ananias the high priest descended with the elders, and with a certain -orator named Tertullus, who informed the governor against Paul." (Acts -xxiv. 1.) According to Jewish tradition, this high priest is chiefly -known for his excessive gluttony. What the Talmud says of his voracity -is quite phenomenal. It mentions three hundred calves, as many casks of -wine, and forty pairs of young pigeons as having been brought together -for his repast. ("Talmud," Bab., "Pesachim," or "of the Passover," fol. -57, verso; "Kerihoth," or "Sins which Close the Entrance to Eternal -Life," fol. 28, verso; Jos., "Ant.," XX. V. 2; Dérembourg, work quoted -above, pp. 230, 234; Munk, "Palestine," p. 573, n. 1.) - -HELCIAS, simple priest, and keeper of the treasury of the Temple. It is -probably from him that Judas Iscariot received the thirty pieces of -silver, the price of his treason. (Jos., "Ant.," XX. VIII. 11.) - -SCEVA, one of the principal priests. He is spoken of in the Acts apropos -of his seven sons, who gave themselves up to witchcraft. (Acts xix. 13, -14.) - -Such are the chief priests that constituted the first chamber of the -Sanhedrin at the time of the trial of Christ. - -From the documents which we have consulted and the résumé which we have -just given, we gather: - -1. That several of the high priests were personally dishonorable. - -2. That all these high priests, who succeeded each other annually in the -Aaronic office in utter disregard of the order established by God, were -but miserable intruders. We trust that these expressions will not offend -our dear Israelitish readers, for they are based on the statements of -eminent and zealous Jewish writers. - -To begin with Josephus the historian. Although endeavoring to conceal -as much as possible the shameful acts committed by the priests composing -this council, yet he was unable, in a moment of disgust, to refrain from -stigmatizing them. "About this time," he says, "there arose a sedition -between the high priests and the principal men of the multitude of -Jerusalem, each of which assembled a company of the boldest sort of men, -and of those that loved innovations, and became leaders to them. And -when they struggled together they did it by casting reproachful words -against one another, and by throwing stones also. And there was nobody -to reprove them; but these disorders were done after a licentious manner -in the city, as if it had no government over it. And such was the -impudence and boldness that had seized on the high priests that they had -the hardness to send their servants into the threshing-floors, to take -away those tithes that were due the [simple] priests. Insomuch that the -poorest priests died of want."[192] Such are the acts, the spirit of -equity and kindness, that characterized the chief judges of Christ! But -the Talmud goes farther still. This book, which ordinarily is not -sparing of eulogies on the people of our nation, yet, considering -separately and by name, as we have done, the high priests of that time, -it exclaims: "What a plague is the family of Simon Boethus; cursed be -their lances! What a plague is the family of Ananos; cursed be their -hissing of vipers! What a plague is the family of Cantharus; cursed be -their pens! What a plague is the family of Ismael ben Phabi; cursed be -their fists! They are high priests themselves, their sons are -treasurers, their sons-in-law are commanders, and their servants strike -the people with staves."[193] The Talmud continues: "The porch of the -sanctuary cried out four times. The first time, Depart from here, -descendants of Eli;[194] ye pollute the Temple of the Eternal! The -second time, Let Issachar ben Keifar Barchi depart from here, who -polluteth himself and profaneth the victims consecrated to God![195] The -third time, Widen yourselves, ye gates of the sanctuary, and let Israel -ben Phabi the willful enter, that he may discharge the functions of the -priesthood! Yet another cry was heard, Widen yourselves, ye gates, and -let Ananias ben Nebedeus the gourmand enter, that he may glut himself on -the victims!" In the face of such low morality, avowed by the least to -be suspected of our own nation, is it possible to restrain one's -indignation against those who sat at the trial of Christ as members of -the chamber of priests? This indignation becomes yet more intense when -one remembers that an ambitious hypocrisy, having for its aim the -domineering over the people, had perverted the law of Moses in these -men. The majority of the priests belonged, in fact, to the Pharisaic -order, the members of which sect made religion subservient to their -personal ambition; and in order to rule over the people with more ease, -they used religion as a tool to effect this purpose, encumbering the -law of Moses with exaggerated precepts and insupportable burdens which -they strenuously imposed upon others, but failed to observe themselves. -Can we, then, be astonished at the murderous hatred which these false -and ambitious men conceived for Christ? When his words, sharper than a -sword, exposed their hypocrisy and displayed the corrupt interior of -these whitened sepulchers wearing the semblance of justice, the hatred -they already cherished for him grew to a frenzied intensity. They never -forgave him for having publicly unmasked them. Hypocrisy never forgives -that. - -Such were the men composing the council of priests, when the Sanhedrin -assembled to judge Christ. Were we not justified in forming of them an -unfavorable opinion?... But let us pass on to the second chamber, viz., -the chamber of the scribes. - - -II. CHAMBER OF THE SCRIBES - -Let us recall in a few words who the scribes were. Chosen -indiscriminately among the Levites and laity, they formed the _corps -savant_ of the nation; they were doctors in Israel, and were held in -high esteem and veneration. It is well known what respect the Jews, and -the Eastern nations generally, have always had for their _wise men_. - -Next to the chamber of the priests, that of the scribes was the most -important. But from information gathered from the documents to which we -have already referred, we are constrained to affirm that, with a few -individual exceptions, this chamber was no better than that of the -priests. - -The following is a list of the names and histories of the _wise men_ who -composed the chamber of the scribes at the trial of Christ: - -GAMALIEL, surnamed the ancient. He was a very worthy Israelite, and his -name is spoken of with honor in the Talmud as well as in the Acts of the -Apostles. He belonged to a noble family, being a grandson of the famous -Hillel, who, coming from Babylon forty years before Christ, taught with -such brilliant success in Jerusalem. Gamaliel acquired so great a -reputation among his people for his scientific acquirements that the -Talmud could say of him: "_With the death of Rabbi Gamaliel the glory of -the law has departed._" It was at the feet of this doctor that Saul, -afterwards Paul the apostle, studied the law and Jewish traditions, and -we know how he gloried in this fact. Gamaliel had also among his -disciples Barnabas and Stephen, the first martyr for the cause of -Christ. When the members of the Sanhedrin discussed the expediency of -putting the apostles to death, this worthy Israelite prevented the -passing of the sentence by pronouncing these celebrated words: "Ye men -of Israel, take heed to yourselves what ye intend to do as touching -these men.... And now I say unto you, refrain from these men, and let -them alone; for if this counsel be of men it will come to naught; but if -it be of God ye cannot overthrow it; lest haply ye be found even to -fight against God." Gamaliel died nineteen years after Christ (52 A.D.). -(Acts v. 34-39; xxii. 3; Mishna, "Sotah," or "the Woman Suspected of -Adultery," C. IX.; "Sepher Juchasin," or "the Book of the Ancestors," p. -53; David Ganz, "Germe de David ou Chronologie" to 4768; Bartolocci, -"Bibliotheca magna Rabbinica," T. i. pp. 727-732.) - -SIMON, son of Gamaliel, like his father, had a seat in the assembly. The -rabbinical books speak of him in the highest terms of eulogy. The -Mishna, for instance, attributes to him this sentence: "Brought up from -my infancy among learned men, I have found nothing that is of greater -value to man than silence. Doctrines are not the chief things, but work. -He who is in the habit of much talking falls easily into error." This -Simon became afterwards the intimate friend of the too celebrated -bandit, John of Giscala, whose excesses and cruelty toward the Romans, -and even the Jews, caused Titus to order the pillaging of Jerusalem. -Simon was killed in the last assault in 70 A.D. (David Ganz, -"Chronologie" to 4810; Mishna, "Aboth," or "of the Fathers," C. I.; -"Talmud," Jerusalem, "Berachoth," or "of Blessings," fol. 6, verso; -"Historia Docorium Misnicorum," J. H. Otthonis, pp. 110-113; De -Champagny, "Rome et la Judée," T. ii. 86-171.) - -ONKELOS was born of heathen parents, but embraced Judaism, and became -one of the most eminent disciples of Gamaliel. He is the author of the -famous Chaldaic paraphrase of the Pentateuch. Although the rabbinical -books do not mention him as a member of the Sanhedrin, yet it is highly -probable that he belonged to that body, his writings and memory having -always been held in great esteem by the Jews; even at the present day -every Jew is enjoined to read weekly a portion of his version of the -books of Moses. Onkelos carried the Pharisaical intolerance to the last -degree. Converted from idolatry to Judaism, he hated the Gentiles to -such an extent that he cast into the Dead Sea, as an object of impurity, -the sum of money that he had inherited from his parents. We can easily -understand how that, with such a disposition, he would not be favorably -inclined toward Jesus, who received Gentiles and Jews alike. ("Talmud," -"Megilla," or "Festival of Esther," fol. 3, verso; "Baba-bathra," or -"the Last Gate," fol. 134, verso; "Succa," or "the Festival of -Tabernacles," fol. 28, verso; "Thosephthoth," or "Supplements to the -Mishna," C. v.; Rabbi Gedalia, "Tzaltzeleth Hakkabalah," or "the Chain -of the Kabalah," p. 28; "Histor. Doct. Misnic.," p. 110; De Rossi, -"Dizionario degli Autori Ebrei," p. 81.) - -JONATHAN _ben_ UZIEL, author of a very remarkable paraphrase of the -Pentateuch and the Prophets. There is a difference of opinion regarding -the precise time at which he lived. Some place it several years before -Christ; others at the time of Christ. We believe, however, that not only -was he contemporary with Christ, but that he was also one of his judges. -In support of our assertion we give the two following proofs, which we -think indisputable: 1. Jonathan, the translator of the Prophets, has -purposely omitted Daniel, which omission the Talmud explains as due to -the special intervention of an angel who informed him that the manner in -which the prophet speaks of the death of the Messiah coincided too -exactly with that of Jesus of Nazareth. Now, since Jonathan has -intentionally left out the prophecies of Daniel on account of their -coincidence with the death of Christ, it proves that he could not have -lived before Christ, but must have been contemporary with him. 2. In -comparing the paraphrase of Onkelos with that of Jonathan, we find that -the latter had made use of the work of the former, who lived in the time -of Christ. Examples may be found in Deut. xxii. 5, Judges v. 26, Num. -xxi. 28, 29. If, then, Jonathan utilized the work of Onkelos, who lived -in the time of Christ, the fact proves beyond question that he could not -have lived before Christ. The Talmudists, in order to reward this person -for having, through his hatred of Christ, erased the name of Daniel from -the roll of prophets, eulogize him in the most absurd manner. They -relate that while engaged in the study of the law of God, the atmosphere -which surrounded him, and came in contact with the light of his -understanding, so caught fire from his fervor that the birds, silly -enough to be attracted toward it, were consumed immediately. ("Talmud," -"Succa," or "the Festival of Tabernacles," fol. 28, verso; David Ganz, -"Chronol." 4728; Gesenius, "Comm. on Isaiah," Part I. p. 65; Zunz, -"Culte divin des Juifs," Berlin, 1832, p. 61; Dérembourg, work quoted -above, p. 276; Hanneburg, "Révelat Bibliq.," ii. 163, 432.) - -SAMUEL HAKATON, or _the Less_. Surnamed to distinguish him from Samuel -the prophet. It was he who, some time after the resurrection of Christ, -composed the famous imprecation against the Christians, called -"Birchath Hamminim" (Benedictions of Infidels). The "Birchath Hamminim," -says the Talmud, and the commentary of R. Jarchi, "was composed by R. -Samuel Hakaton at Jabneh, where the Sanhedrin had removed after the -misconduct of the Nazarene, who taught a doctrine contrary to the words -of the living God." The following is the singular benediction: "_Let -there be no hope for the apostates of religion, and let all heretics, -whosoever they may be, perish suddenly. May the kingdom of pride be -rooted out; let it be annihilated quickly, even in our days! Be blessed, -O Lord, who destroyest the impious, and humblest the proud!_" As soon as -Samuel Hakaton had composed this malediction, it was inserted as an -additional blessing in the celebrated prayer of the synagogue, the -"Shemonah-Essara" (the eighteen blessings). These blessings belonged to -the time of Ezra--that is to say, five centuries before the Christian -era; and every Jew has to recite it daily. St. Jerome was not ignorant -of this strange prayer. He says: "_The Jews anathematize three times -daily in their synagogue the name of the Christian, disguising it under -the name of Nazarene._" According to R. Gedalia, Samuel died before the -destruction of Jerusalem, about fifteen or twenty years after Christ. -("Talmud," "Berachoth," or "of Prayers," fol. 28, verso; "Megilla," or -"the Festival of Esther," fol. 28, verso; St. Jerome, "Comment. on -Isaiam," B. II. C. V. 18, 19; Tom. iv. p. 81 of the "Valarsius," quarto -edition; Vitringa, "de Synagoga vetr.," T. ii. p. 1036, 1047, 1051; -Castellus, "Lexicon heptaglotton," art. Min.) - -CHANANIA _ben_ CHISKIA. He was a great conciliator in the midst of the -doctrinal quarrels so common at that time; and it happened that the -rival schools of Shammai and Hillel, which were not abolished with the -death of their founders, often employed him as their arbitrator. This -skillful umpire did not always succeed, however, in calming the -disputants; for we read in the ancient books that in the transition from -force of argument to argument of force, the members of the schools of -Shammai and Hillel frequently came to blows. Hence the French expression -_se chammailler_. It happened, however, according to the Talmud, that -Chanania once departed from his usual system of equilibrium in favor of -the prophet Ezekiel. It appears that on one occasion the most -influential members of the Sanhedrin proposed to censure, and even -reject, the book of this prophet, because, according to their opinion, -it contained several passages in contradiction of the law of Moses; but -Chanania defended it with so much eloquence that they were obliged to -desist from their project. This fact alone, reported fully as it is in -the Talmud, would be sufficient to show the laxity of the study of the -prophecies at that time. Although the exact date of his death is -uncertain, it is, nevertheless, sure that it took place before the -destruction of the Temple. ("Talmud," "Chagiga," or "the obligations of -the males to present themselves three times a year at Jerusalem," 2, 13; -"Shabbath," or "of the Sabbath," C. I.; "Sepher Juchasin," or "the Book -of Ancestors," p. 57.) - -ISMAEL _ben_ ELIZA, renowned for the depth of his mind and the beauty -of his face. The rabbins record that he was learned in the most -mysterious things; for example, he could command the angels to descend -from heaven and ascend thither. We have it also from the same authority -that his mother held him in such high admiration that one day on his -return from school she washed his feet, and, through respect for him, -drank the water she had used for that purpose. His death was of a no -less romantic nature. It appears that after the capture of Jerusalem, -the daughter of Titus was so struck with his beauty that she obtained -permission of her father to have the skin of his face taken off after -his death, which skin she had embalmed, and, having perfumed it, she -sent it to Rome to figure among the spoils as a trophy. ("Talmud," -"Aboda Zarah," or "of Idolatry," C. I.; Rabbi Gedalia, "Tzaltzeleth -Hakkabalah," or "the Chain of the Kabalah," p. 29; "Sepher Juchasin," or -"the Book of Ancestors," p. 25; "Tosephoth Kiddushin," C. IV.) - -Rabbi ZADOK. He was about forty years old at the trial of Christ, and -died after the burning of the Temple, aged over seventy. The Talmud -relates that for forty years he ceased not from fasting, that God might -so order it that the Temple should not be destroyed by fire. Upon this -the question is propounded in the same book, but no answer given, as to -how this rabbin could have known that the Temple was threatened with so -great a calamity. We believe that Rabbi Zadok could have obtained -information of this terrible event in one of the two ways--either from -the prophetic voice of Daniel which proclaimed more than forty years -previous to the occurrence that abomination and desolation should crush -the Temple of Jerusalem when the Messiah should have been put to death; -or by the voice of Jesus himself, who said forty years before the -destruction of the Temple: "See ye not all these things?" (i.e., the -buildings of the Temple) "verily, verily I say unto you, There shall not -be left here one stone upon another that shall not be thrown down." -(Mishna, "Shabbath," or "of the Sabbath," C. XXIV. 5 to end; "Eduth," or -"of Testimony," C. VII. 1; "Aboth," or "of the Fathers of Tradition," -IV. 5; David Ganz, "Chronol." 4785; Seph. Juchasin," fol. 21, 26; -Schikardi, "Jus Regium Hebręorum," p. 468; Dan. ix. 25-27; Luke xxi. 6; -Matt. xxvi. 2.) - -JOCHANAN _ben_ ZAKAI. The rabbinical books accord to this rabbi an -extraordinary longevity. From their writings it would appear that, like -Moses, he lived a hundred and twenty years, forty years of which he -consecrated to manual labor; another forty to the study of the law; and -the last forty years of his life he devoted to imparting his knowledge -to others. His reputation as a savant was so well established that he -was surnamed the _Splendor of Wisdom_. After the destruction of the -Temple, he rallied together the remaining members of the Sanhedrin to -Jabneh, where he presided over this remnant for the last four or five -years of his life. He died in the year 73 A.D. When he breathed his -last, says the Mishna, a cry of anguish was heard, saying: "With the -death of Jochanan ben Zakai the splendor of wisdom has been quenched!" -We have, however, other information regarding this rabbi which is, so to -speak, like the reverse side of a medal. The Bereshith Rabba says that -Rabbi Jochanan was in the habit of eulogizing himself in the most -extravagant manner, and gives the following as a specimen of the praises -he bestowed upon himself: "If the skies were parchment, all the -inhabitants of the world writers, and all the trees of the forest pens, -all these would not suffice to transcribe the doctrines which he had -learned from the masters." What humility of language! One day his -disciples asked him to what he attributed his long life. "To my wisdom -and piety," was his reply in his tone of habitual modesty. Besides, if -we were to judge of his moral character by an ordinance of which he is -the author, his morality might be equal to the standard of his humility. -He abolished the Mosaical command of the ordeal of bitter waters, -immorally isolating a passage in Isaiah from its context. Finally, to -fill up the measure of his honesty, he became one of the lewdest -courtiers of Titus, and the destroyer of his country. But while -obsequious to human grandeur, he was obdurate to the warnings of God, -and died proud and impenitent. ("Talmud," "Rosh Hashanah," or "of the -New Year," fol. 20, recto; 31, recto; "Sotah," or "of the Woman -Suspected," etc., IX. 9; "Yoma," or "the Day of Atonement," fol. 39, -recto, and 43; "Gittin," or "of Divorce," fol. 56, verso and recto; -"Succa," or "of the Festival of Tabernacles," fol. 28, verso; Mishna, -Chapter, "Egla arupha"; "Sepher Juchasin," or "the Book of Ancestors," -fol. 20, recto; "Seph. Hakkabalah"; Otthonis, "Hist. Doct. Misn.," pp. -93-103; Hosea iv. 14; Jos., "Wars," VI. V. 3; De Champagny, "Rome et la -Judée," T. i. p. 158.) - -ABBA SAUL. He was of prodigious height, and had the charge of -superintending the burials of the dead, that everything might be done -according to the law. The rabbins, who delight in the marvelous, affirm -that in the exercise of his duties he found the thigh bone of Og, the -King of Bashan, and the right eye of Absalom. By virtue of the marrow -extracted from the thigh of Og, he was enabled to chase a young buck for -three leagues; as for the eye of Absalom, it was so deep that he could -have hidden himself in it as if in a cavern. These stories, no doubt, -appear very puerile; and yet, according to a Talmudical book -(Menorath-Hammoer, "the lighted candlestick"), which is considered of -great authority even in the modern [orthodox] synagogue, we must judge -of these matters in the following manner: "Everything which our doctors -have taught in the Medrashim (allegoric or historical commentaries) we -are bound to consider and believe in as the law of Moses our master; and -if we find anything in it which appears exaggerated and incredible, we -must attribute it to the weakness of our understandings, rather than to -their teachings; and whoever turns into ridicule whatever they have said -will be punished." According to Maimonides, Abba Saul died before the -destruction of the Temple. (Mishna, "Middoth," or "of the Dimensions of -the Temple," Chapter, "Har habbaith"; "Talmud," "Nidda," or "the -Purification of Women," C. III. fol. 24, recto; Maimonides, "Proef ad -zeraim"; Drach, "Harmonies entre l'Eglise et la Synagogue," T. ii. p. -375.) - -R. CHANANIA, surnamed the Vicar of the Priests. The Mishna attributes to -him a saying which brings clearly before us the social position of the -Jewish people in the last days of Jerusalem. "Pray," said he, "for the -Roman Empire; for should the terror of its power disappear in Palestine, -neighbor will devour neighbor alive." This avowal shows the deplorable -state of Judea, and the divisions to which she had become a prey. The -Romans seem, however, to have cared very little for the sympathy of R. -Chanania, for, having possessed themselves of the city, they put him to -death. (Mishna, "Aboth," or "of the Fathers of Tradition," C. III. 2; -"Zevachim," or "of Sacrifices," C. IX. 3; "Eduth," or "of Testimony," C. -II. 1; David Ganz, "Chronologie," 4826; "Sepher Juchasin," or "the Book -of Ancestors," p. 57.) - -Rabbi ELEAZAR _ben_ PARTAH, one of the most esteemed scribes of the -Sanhedrin, on account of his scientific knowledge. Already very aged at -the destruction of the Temple, he yet lived several years after that -national calamity. ("Talmud," "Gittin," or "of Divorces," C. III. 4; -"Sepher Juchasin," p. 31.) - -Rabbi NACHUM HALBALAR. He is mentioned in the rabbinical books as -belonging to the Sanhedrin in the year 28 A.D., but nothing particular -is mentioned of his history. ("Talmud," "Peah," or "of the Angle," C. -II. 6, "Sanhedrin.") - -Rabbi SIMON HAMIZPAH. He also is said to have belonged to the Sanhedrin -in the year 28 A.D. Beyond this but little is known. ("Talmud," "Peah," -C. II. 6.) - -These are, according to Jewish tradition, the principal scribes, or -doctors, that composed the second chamber of the Sanhedrin at the time -of the trial of Christ. The ancient books which speak of them are, of -course, filled with their praises. Nevertheless, blended with these -praises are some remarks which point to the predominant vice of these -men--namely, pride. We read in Rabbi Nathan's book, "Aruch" (a -Talmudical dictionary of great authority[196]): "_In the past and more -honorable times the titles of rabbin, rabbi, or rav,[197] to designate -the learned men of Babylon and Palestine, were unknown; thus when Hillel -came from Babylon the title of rabbi was not added to his name. It was -the same with the prophets, who were styled simply Isaiah, Haggai, etc., -and not Rabbi Isaiah, Rabbi Haggai, etc. Neither did Ezra bring the -title of rabbi with him from Babylon. It was not until the time of -Gamaliel, Simon, and Jochanan ben Zackai that this imposing title was -first introduced among the worthies of the Sanhedrin._" - -This pompous appellation appears, indeed, for the first time among the -Jews contemporary with Christ. "They love the uppermost rooms at feasts, -and the chief seats in the synagogues, and greetings in the -market-places, and to be called of men, Rabbi, Rabbi." Proud of their -titles and learning, they laid claim to the foremost rank in society. _A -wise man_, say they, _should be preferred to a king; the king takes the -precedence of the high priest; the priest of the Levite; the Levite of -the ordinary Israelite. The wise man should be preferred to the king, -for if the wise man should die he could not easily be replaced; while -the king could be succeeded by an Israelite of any order_.[198] Basing -the social status on this maxim we are not astonished to find in the -Talmud[199] that at a certain time twenty-four persons were -excommunicated for having failed to render to the rabbi the reverence -due his position. Indeed, a very small offense was often sufficient to -call forth maledictions from this haughty and intolerant dignitary. -Punishment was mercilessly inflicted wherever there was open violation -of any one of the following rules established by the rabbis themselves: - -If any one opposes his rabbi, he is guilty in the same degree as if he -opposed God himself.[200] - -If any one quarrels with his rabbi, it is as if he contended with the -living God.[201] - -If any one thinks evil of his rabbi, it is as if he thought evil of the -Eternal.[202] - -This self-sufficiency was carried to such an enormous extent that when -Jerusalem fell into the hands of Titus, who came against it armed with -the sword of vengeance of Jehovah, Rabbi Jehudah wrote with an -unflinching pen: "_If Jerusalem was destroyed, we need look for no other -cause than the people's want of respect for the rabbis._"[203] - -We ask now of every sincere Israelite, What opinion can be formed of the -members of the second chamber who are about to assist in pronouncing -judgment upon Christ? Could impartiality be expected of those proud and -selfish men, whose lips delighted in nothing so much as sounding their -own praises? What apprehensions must one not have of an unjust and cruel -verdict when he remembers it was of these very men that Christ had said: -"Beware of the scribes, which desire to walk in long robes; they make -broad their phylacteries and enlarge the borders of their garments; they -love greetings in the market, and to be called Rabbi, Rabbi; which -devour widows' houses; and for show make long prayers."[204] The -remembrance of this rebuke, so galling to their pride, continually -rankled in their minds; and when the opportunity came, with what -remorseless hate did they wreak upon him their vengeance! We may, then, -conclude from the foregoing facts that the members of the chamber of the -scribes were no better than those composing the chamber of the priests. -To this assertion, however, there is one exception to be made; for, as -we have already seen, there was among those arrogant and unscrupulous -men[205] one whose sense of justice was not surpassed by his great -learning. That man was Gamaliel. - - -III. CHAMBER OF THE ELDERS - -This chamber was the least influential of the three; hence, but few -names of the persons composing it at the period to which we refer have -been preserved. - -JOSEPH OF ARIMATHEA. The Gospel makes of him the following eulogy: Rich -man; honorable counselor; good and just man; the same had not consented -to the counsel and deed of the others. Joseph of Arimathea is called in -the Vulgate, or the Latin version of the Bible, "noble centurion," -because he was one of the ten magistrates or senators who had the -principal authority in Jerusalem under the Romans. His noble position is -more clearly marked in the Greek version. That he was one of the seventy -may be concluded, first, because it was common to admit senators who -were considered the ancients of the people in this assembly; they were -indeed the chiefs and the princes of the nation--_seniores populi, -principes nostri_; second, because these words, "he had not consented to -the counsel and deed of the others," proves that he had a right to be in -the grand assembly and take part in the discussions. (Matt. xxvii. -57-59; Mark xv. 43-46; Luke xxiii. 50; John xix. 38; Jacobi Alting, -"Schilo seu de Vaticinio patriarchę Jacobi," p. 310; Goschler, _Diction. -Encyclopediq._; word, "Arimathea"; Cornelius Lapidus, "Comment. in -Script. sac.," edition Vivés, T. xv. p. 638, second col.) - -NICODEMUS. St. John the Evangelist says that he was by profession a -Pharisee, a prince of the Jews, a master in Israel, and a member of the -Sanhedrin, where he one day attempted to oppose his colleagues by -speaking in defense of Jesus. This act brought down upon him the -disdainful retort from the others, "Art thou also a Galilean?" He was -one, it is true, but in secret. We know from the Gospel account of him -that he possessed great riches, and that he used nearly a hundred pounds -of myrrh and spices for the burial of Christ. The name of Nicodemus is -mentioned in the Talmud also; and, although it was known that his -attachment to Christ was great, he is, nevertheless, spoken of with -honor. But this fact may be due to his great wealth. There were, says -the Hebrew book, three eminent men in Jerusalem--Nicodemus ben Gurien, -ben Tzitzith Hacksab, ben Kalba Shevuah--each of whom could have -supported the whole city for ten years. (John iii. 1-10; vii. 50-52; -xix. 39; "Talmud" "Gittin," or "of Divorces," C. V. fol. 56, verso; -"Abodah Zarah," or "of Idolatry," C. II. fol. 25, verso; "Taanith," or -"of the Fast Days," III. fol. 19, recto; fol. 20, verso; Midrash Rabbah -on "Koheleth," VII. II; David Ganz, "Chron." 4757; Knappius, "Comment. -in Colloquium Christi cum Nicodemo"; Cornelius Lapidus, "Comment. in -Joann." Cap. III. _et seq._) - -BEN KALBA SHEVUAH. After stating that he was one of the three rich men -of Jerusalem, the Talmud adds: "His name was given to him because -whosoever entered his house as hungry as a dog came out filled." There -is no doubt that his high financial position secured for him one of the -first places in the chamber of the ancients. His memory, according to -Ritter, is still preserved among the Jews in Jerusalem. ("Talmud," -"Gittin," or "of Divorces," C. V. fol. 56, verso; David Ganz, "Chronol." -4757; Ritter, "Erdkunde," XVI. 478.) - -BEN TZITZITH HACKSAB. The effeminacy of this third rich man is made -known to us by the Talmud, where it is stated that the border of his -pallium trained itself always on the softest carpets. Like Nicodemus and -Kalba Shevuah, he no doubt belonged to the Sanhedrin. ("Talmud," -"Gittin," C. V. fol. 56, verso; David Ganz, "Chron." 4757.) - -SIMON. From Josephus the historian we learn that he was of Jewish -parentage, and was highly esteemed in Jerusalem on account of the -accurate knowledge of the law which he possessed. He had the boldness, -one day, to convoke an assembly of the people and to bring an accusation -against King Herod Agrippa, who, he said, deserved, on account of his -bad conduct, that the entrance into the sacred portals should be -forbidden him. This took place eight or nine years after Christ--that is -to say, in the year 42 or 43 A.D. We may safely conclude that a man who -had power enough to convoke an assembly and sufficient reputation and -knowledge to dare accuse a king, must undoubtedly have belonged to the -council of the Sanhedrin. Besides, his birth alone at a time when -nobility of origin constituted, as we have already said, a right to -honors, would have thrown wide open to him the doors of the assembly. -(Jos., "Ant.," XIX. VII. 4; Dérembourg, "Essai sur l'histoire et la -géographie de la Palestine," p. 207, n. 1; Frankel, _Monatsschrift._, -III. 440.) - -DORAS was a very influential citizen of Jerusalem, and is thus spoken of -by Josephus. He was, however, a man of cruel and immoral character, not -hesitating, for the sake of ingratiating himself with Governor Felix, to -cause the assassination of Jonathan, the high priest who had made -himself obnoxious to that ruler by some just remonstrances respecting -his administration. Doras effected the assassination in cold blood by -means of murderers hired at the expense of Felix (52 or 53 A.D.). The -prominence which this man for a long time maintained in Jerusalem -warrants the presumption that he was a member of the Sanhedrin. (Jos., -"Ant.," XX. VIII. 5.) - - JOHN, son of JOHN. - - DOROTHEAS, son of NATHANAEL. - - TRYPHON, son of THEUDION. - - CORNELIUS, son of CERON. - -These four personages were sent as ambassadors by the Jews of Jerusalem -to Emperor Claudius in the year 44, when Cuspius Fadus was governor of -Judea. Claudius mentions this fact in a letter sent by him to Cuspius -Fadus, and which Josephus has preserved. It is very probable that either -they themselves or their fathers were members of the chamber of the -ancients; for the Jews appointed as their ambassadors only such members -of the Sanhedrin as were distinguished for superior learning. (Jos., -"Ant.," XX. I. 1, 2.) - -The rabbinical books limit their information concerning the members of -this chamber to the names we have just mentioned. To be guided, then, by -the documents quoted, one would suppose that although this chamber was -the least important of the three, yet its members were perhaps more just -than those composing the other two, and consequently manifested less -vehemence against Christ during His trial. But a statement made by -Josephus the historian proves beyond doubt that this third chamber was -made up of men no better than were to be found in the others. It was -from among the wealthy element of Jewish society, says Josephus, that -Sadduceeism received most of its disciples.[206] Since, then, the -chamber of ancients was composed principally of the rich men of -Jerusalem, we may safely conclude that the majority of its members were -infected with the errors of Sadduceeism--that is to say, with a creed -that taught that the soul dies before the body.[207] We are, then, in -the presence of real materialists, who consider the destiny of man to -consist in the enjoyment of material and worldly things,[208] and who -are so carnally minded that it would seem as if the prophetic -indignation of David had stigmatized them beforehand when he says: "They -have so debased themselves as to become like the beasts that have no -understanding."[209] Let not our readers imagine that in thus speaking -we at all mean to do injustice to the memory of these men. A fact of -great importance proves indisputably that Sadducees or Epicureans were -numerous among the Sanhedrin. When, several years after the trial of -Christ, the apostle Paul had in his turn to appear before that body, he -succeeded by the skill of his oratory in turning the doctrinal -differences of that assembly to his benefit. "Men and brethren," he -exclaimed, "I am a Pharisee, the son of a Pharisee; of the hope and the -resurrection of the dead I am called in question."[210] Hardly had the -apostle pronounced these words when a hot discussion arose between the -Sadducees and the Pharisees, all of them rising and speaking in great -confusion--some for the resurrection, others against it--and it was in -the tumult of recrimination and general uproar that the apostle was able -peacefully to withdraw. Such was the state of things in the supreme -council of the Hebrews; and men of notorious heresy, and even impiety, -were appointed as judges to decide on questions of doctrine. Among these -materialists there were, however, two just men; and, like Lot among the -wicked inhabitants of Sodom, there were in this assembly Nicodemus and -Joseph of Arimathea. - -We shall now briefly sum up the contents of the preceding chapter. We -possess certain information respecting more than one half of the -seventy-one members of the Sanhedrin. We know almost all the high -priests, who, as we have already said, formed the principal element of -this council. This majority, as we have intimated, is sufficient for the -forming of an estimate of the moral tone of all the judges; and before -the debates begin, it is easy to foresee the issue of the trial of -Christ. - -What, indeed, could have been the issue of a trial before the first -chamber, composed as it was of demoralized, ambitious, and scheming -priests? of priests who were mostly Pharisees--that is to say, men of -narrow minds, careful only of the external, haughty, overbearing, and -self-satisfied, believing themselves to be both infallible and -impeccable?[211] It is true they expected a Messiah; but their Messiah -was to subdue unto them all their enemies, impose for their benefit a -tax on all the nations of the earth, and uphold them in all the -absurdities with which they have loaded the law of Moses. - -But this man who is about to be brought before them has exposed their -hypocritical semblance of piety, and justly stripped them of the -undeserved esteem in which they were held by the people. He has -absolutely denounced the precepts which they invented and placed above -the law. He even desired to abolish the illegal taxes which they had -imposed upon the people. Are not all these more than sufficient to -condemn Him in their eyes and prove Him worthy of death? - -Can a more favorable verdict be expected of the members of the second -chamber, composed as it was of men so conceited and arrogant? These -doctors expected a Messiah who would be another Solomon, under whose -reign and with whose aid they would establish at Jerusalem an academy of -learning that would attract all the kings, even as the Queen of Sheba -was attracted to the court of the wisest king of Israel. But this Jesus, -who claims to be the Messiah, has the boldness to declare blessed those -who are humble in spirit. His disciples are but ignorant fishermen, -chosen from the least of the tribes; his speech of a provoking -simplicity, condemning before the multitude the haughty and pretentious -language of the doctors. Are not these things sufficient to bring down -upon him their condemnation? - -And what justice can we expect, in fine, from the third chamber, when we -remember that most of its members were depraved Sadducees, caring only -for the enjoyment of the things of this world, heedless of the welfare -of the soul, almost denying the existence of God, and disbelieving in -the resurrection of the dead? According to their views, the mission of -the Messiah was not to consist in the regenerating of Israel as well as -of the whole human race, but in the making of Jerusalem the center of -riches and worldly goods, which would be brought hither by the conquered -and humbled Gentiles, who were to become the slaves of the Israelites. -But the man upon whom they are called to pass judgment, far from -attaching great importance to wealth and dignity, as did they, -prescribes to his disciples the renunciation of riches and honors. He -even despises those things which the Sadducees esteem most--viz., -pedigree, silk attire, cups of gold, and sumptuous repast. What could -have rendered his condemnation surer than such manifestations of -contempt for the pride and voluptuousness of these men? - -To limit our inquiry to the moral characters of the judges alone, the -issue of the trial can be but fatal to the accused; and so, when the -three chambers constituting the Sanhedrin council had entered into -session, we can well imagine that there was no hope for the acquittal of -Jesus; for are not all the high priests, as well as the majority of the -scribes and ancients, against him?[212] - - - - -APPENDIX II - -ACTS OF PILATE - - -The apocryphal Acts of Pilate are herewith given under Appendix II. The -authenticity of these writings has never been finally settled by the -scholarship of the world. It is safe to say, however, that the current -of modern criticism is decidedly against their genuineness. -Nevertheless, the following facts seem to be very generally conceded by -the critics: That there are now in existence certain ancient documents -called the "Acts of Pilate"; that they were probably discovered at -Turin, in northern Italy, and were first used by the noted New Testament -palęographer, Dr. Constantine Tischendorf, who studied them in company -with the celebrated orientalist, Victor Amadee Peyron, professor of -oriental languages in the University of Turin; and, furthermore, that -these documents that we now have are approximately accurate copies of -the document mentioned by Justin Martyr about the year 138 A.D., and by -Tertullian about the year 200 A.D. - -But, admitting all these things, the question of _genuineness_ and -_authenticity_ still remains to be settled. Was the document referred to -by Justin as the "Acts of Pilate," and again as the "Acts recorded -under Pontius Pilate," a genuine manuscript, written by or composed -under the direction of Pilate, or was it a "pious fraud of some -Christian," who gathered his prophecies from the Old, and his facts from -the New Testament, and then embellished both with his imagination? - -The subject is too vast and the space at our disposal is too limited to -permit a discussion of the authenticity of the Acts of Pilate. We have -deemed it sufficient to insert under Appendix II lengthy extracts from -the writings of Tischendorf and Lardner, two of the most celebrated -biblical critics, relating to the genuineness of these Acts. The reader -would do well to peruse these extracts carefully before reading the Acts -of Pilate. - - -LARDNER'S REMARKS ON THE ACTS OF PILATE - -_The Acts of Pontius Pilate, and his letter to Tiberius_ - -"Justin Martyr, in his first Apology, which was presented to the emperor -Antoninus Pius, and the Senate of Rome, about the year 140, having -mentioned our Savior's crucifixion and some of the circumstances of it, -adds: 'And that these things were so done you may know from the Acts -made in the time of Pontius Pilate.' - -"Afterwards in the same Apology, having mentioned some of our Lord's -miracles, such as healing diseases and raising the dead, he adds: 'And -that these things were done by him you may know from the Acts made in -the time of Pontius Pilate.' - -"Tertullian, in his Apology, about the year 200, having spoken of our -Savior's crucifixion and resurrection, and his appearance to his -disciples, who were ordained by him to preach the gospel over the world, -goes on: 'Of all these things, relating to Christ, Pilate, in his -conscience a Christian, sent an account to Tiberius, then emperor.' - -"In another chapter or section of his Apology, nearer the beginning, he -speaks to this purpose: 'There was an ancient decree that no one should -be received for a deity unless he was first approved by the senate. -Tiberius, in whose time the Christian religion had its rise, having -received from Palestine in Syria an account of such things as manifested -our Savior's divinity, proposed to the senate, and giving his own vote -as first in his favor, that he should be placed among the gods. The -senate refused, because he himself had declined that honor.' - -"'Nevertheless the emperor persisted in his own opinion, and ordered -that if any accused the Christians they should be punished.' And then -adds: 'Search,' says he, 'your own writings, and you will there find -that Nero was the first emperor who exercised any acts of severity -toward the Christians, because they were then very numerous at Rome.' - -"It is fit that we should now observe what notice Eusebius takes of -these things in his Ecclesiastical History. It is to this effect: 'When -the wonderful resurrection of our Savior, and his ascension to heaven, -were in the mouths of all men, it being an ancient custom for the -governors of provinces to write the emperor, and give him an account of -new and remarkable occurrences, that he might not be ignorant of -anything; our Savior's resurrection being much talked of throughout all -of Palestine, Pilate informed the emperor of it, as likewise of his -miracles, which he had heard of, and that being raised up after he had -been put to death, he was already believed by many to be a god. And it -is said that Tiberius referred the matter to the senate, but that they -refused their consent, under a pretence that it had not been first -approved of by them; there being an ancient law that no one should be -deified among the Romans without an order of the senate; but, indeed, -because the saving and divine doctrine of the gospel needed not to be -confirmed by human judgment and authority. However, Tiberius persisted -in his former sentiment, and allowed not anything to be done that was -prejudicial to the doctrine of Christ. These things are related by -Tertullian, a man famous on other accounts, and particularly for his -skill in the Roman laws. I say he speaks thus in his Apology for the -Christians, written by him in the Roman tongue, but since (in the days -of Eusebius) translated into the Greek.' His words are these: 'There was -an ancient decree that no one should be consecrated as a deity by the -emperor, unless he was first approved of by the senate. Marcus Aemilius -knows this by his god Alburnus. This is to our purpose, forasmuch as -among you divinity is bestowed by human judgment.' - -"And if God does not please man, he shall not be God. And, according to -this way of thinking, man must be propitious to God. Tiberius, -therefore, in whose time the Christian name was first known in the -world, having received an account of this doctrine out of Palestine, -where it began, communicated that account to the senate; giving his own -suffrage at the same time in favor of it. But the senate rejected it, -because it had not been approved by themselves. 'Nevertheless the -emperor persisted in his judgment, and threatened death to such as -should accuse the Christians.' 'Which,' adds Eusebius, 'could not be -other than the disposal of Divine Providence, that the doctrine of the -gospel, which was then in its beginning, might be preached all over the -world without molestation.' So Eusebius. - -"Divers exceptions have been made by learned moderns to the original -testimonies of Justin Martyr and Tertullian. 'Is there any likelihood,' -say they, 'that Pilate should write such things to Tiberius concerning a -man whom he had condemned to death? And if he had written them, is it -probable that Tiberius should propose to the senate to have a man put -among the gods upon the bare relation of a governor of a province? And -if he had proposed it, who can make a doubt that the senate would not -have immediately complied? So that though we dare not say that this -narration is absolutely false, yet it must be reckoned as doubtful.' So -says Du Pin. - -"These and other difficulties shall now be considered. - -"Now, therefore, I shall mention some observations: - -"In the first place, I shall observe that Justin Martyr and Tertullian -are early writers of good repute. That is an observation of Bishop -Pearson. These testimonies are taken from the most public writings, -Apologies for the Christian religion, presented, or at least proposed -and recommended to the emperor and senate of Rome, or to magistrates of -high authority and great distinction in the Roman empire. - -Secondly: It certainly was the custom of governors of provinces to -compose Acts or memoirs or commentaries of the remarkable occurrences in -the places where they presided. - -In the time of the first Roman emperors there were Acts of the Senate, -Acts of the City, or People of Rome, Acts of other cities, and Acts of -governors of provinces. Of all these we can discern clear proofs and -frequent mention in ancient writers of the best credit. Julius Cęsar -ordered that Acts of the Senate, as well as daily Acts of the People, -should be published. See Sueton. Jul. Cęs. c. xx. - -"Augustus forbade publishing Acts of the Senate. - -"There was an officer, himself a senator, whose province it was to -compose those Acts. - -"The Acts of the Senate must have been large and voluminous, containing -not only the question proposed, or referred to the senate by the consul, -or the emperor, but also the debates and speeches of the senators. - -"The Acts of the People, or City, were journals or registers of -remarkable births, marriages, divorces, deaths, proceedings in courts of -judicature, and other interesting affairs, and some other things below -the dignity of history. - -"To these Acts of each kind Roman authors frequently had recourse for -information. - -"There were such Acts or registers at other places besides Rome, -particularly at Antium. From them Suetonius learned the day and place of -the birth of Caligula, about which were other uncertain reports. And he -speaks of those Acts as public authorities, and therefore more decisive -and satisfactory than some other accounts. - -"There were also Acts of the governors of provinces, registering all -remarkable transactions and occurrences. - -"Justin Martyr and Tertullian could not be mistaken about this; and the -learned bishop of Cęsarea admits the truth of what they say. And in the -time of the persecuting emperor Maximin, about the year of Christ 307, -the heathen people forged Acts of Pilate, derogatory to the honor of our -Savior, which were diligently spread abroad, to unsettle Christians, or -discourage them in the profession of their faith. Of this we are -informed by Eusebius in his Ecclesiastical History. - -Thirdly: It was customary for the governors of provinces to send to the -emperor an account of remarkable transactions in places where they -presided. - -"So thought the learned Eusebius, as we have seen. - -"And Pliny's letters to Trajan, still extant, are a proof of it. Philo -speaks of the Acts or Memoirs of Alexandria sent to Caligula, which that -emperor read with more eagerness and satisfaction than anything else. - -"Fourthly: It has been said to be very unlikely that Pilate should write -such things to Tiberius, concerning a man whom he [Pilate] had condemned -to death. - -"To which it is easy to reply, that if he wrote to Tiberius at all, it -is very likely that he should speak favorably and honorably of the -Savior. - -"That Pilate passed sentence of condemnation upon our Lord very -unwillingly, and not without a sort of compulsion, appears from the -history of the Evangelist: Matt. xxvii.; Mark xv.; Luke xxiii.; John -xviii. Pilate was hard pressed. The rulers of the Jews vehemently -accused our Lord to him. They said they had found him perverting the -nation, and forbidding to give tribute to Cęsar, saying that himself is -Christ, a king, and the like; and all without effect for a while. - -"Pilate still sought for expedients to set Jesus at liberty. - -"As his reluctance had been very manifest and public in a court of -judicature, in the chief city of the nation at the time of one of their -great festivals, it is highly probable that when he sent to Rome he -should make some apology for his conduct. Nor could anything be more -proper than to allege some of our Savior's miracles which he had heard -of, and to give an account to the zeal of those who professed faith in -him after his ignominious crucifixion, and openly asserted that he had -risen from the dead and ascended to heaven. - -"Pilate would not dare in such a report to write falsehood, nor to -conceal the most material circumstances of the case about which he was -writing. At the trial he publicly declared his innocence: and told the -Jews several times 'that he found no fault in him at all.' - -"And when he was going to pronounce the sentence of condemnation, he -took water and washed his hands before the multitude, saying: I am -innocent of the blood of this just person: 'See ye to it.' Matt. xxvii. -24. - -"When he wrote to Tiberius he would very naturally say something of our -Lord's wonderful resurrection and ascension, which were much talked of -and believed by many, with which he could not be possibly unacquainted. -The mention of these things would be the best vindication of his inward -persuasion, and his repeated declarations of our Lord's innocence upon -trial notwithstanding the loud clamors and united accusations of the -Jewish people and their rulers. - -"Pilate, as has been said several times, passed condemnation upon Jesus -very unwillingly, and not until after long trial. - -"When he passed sentence upon him he gave orders that this title or -inscription should be put upon the cross: 'Jesus of Nazareth, the king -of the Jews.' - -"When he had expired, application was made to Pilate, by Joseph of -Arimathea, an honorable counsellor, that the body might be taken down -and buried. To which he consented; but not till assurance from the -centurion that he had been sometime dead. The next day some of the -priests and pharisees came to him, saying: 'Sir, we remember that that -deceiver said while he was yet alive, After three days I will rise -again. Command, therefore, that the sepulchre be made sure, until the -third day, lest his disciples come by night and steal him away, and say -unto the people, He is risen from the dead.' 'So the last error shall -be worse than the first.' - -"Pilate said unto them: 'Ye have a watch; go your way, make it sure as -you can.' So they went and made the sepulchre sure, sealing the stone -and setting a watch. - -"Whilst they were at the sepulchre there was a 'great earthquake,' the -stone was rolled away by an Angel, 'whose countenance was like -lightning, and for fear of whom the guards did shake and become as dead -men.' Some of the guards went down into the City, and showed unto the -chief priests all the things that were done. - -"Nor can there be any doubt that these things came also to the -governor's ears. Pilate, therefore, was furnished with materials of -great importance relating to this case, very proper to be sent to the -emperor. And very probably he did send them, for he could do no -otherwise. - -"Fifthly: it is said, 'That if Pilate had sent such things to Tiberius, -it is nevertheless very unlikely that Tiberius should propose to the -senate that our Savior might be put among the gods, because that emperor -had little or no regard for things of religion.' - -"But it is easy to answer that such observations are of little or no -importance. Few princes are able to preserve uniformity in the whole of -their conduct, and it is certain that Tiberius varied from himself upon -many occasions and in different parts of his life. - -"Sixthly: it is further urged, that if Tiberius had proposed the thing -to the senate, there can be no doubt that the senate would have -immediately complied. - -"But neither is this difficulty insuperable; for we are assured by -Suetonius that Tiberius let several things be decided by the senate -contrary to his own opinion, without showing much uneasiness. - -(It must be observed here that Dr. Lardner is very copious in quotations -from the best authorities in proof of all his statements. The reader is -referred to Vol. VI of his great works, pages 605-620, where will be -found these quotations in foot-notes too lengthy to be transcribed -here.) - -"Seventhly: The right interpretation of the words of Tertullian will be -of use to remove difficulties and to confirm the truth of the account. - -"I have translated them in this manner: 'When Tiberius referred the -matter to the senate, that our Lord should be placed in the number of -gods, the senate refused, because he had himself declined that honor.' - -"The words are understood to the like purpose by Pearson. - -"There is another sense, which is that of the Greek translation of -Tertullian's Apology, made use of by Eusebius: 'The senate refused -because it had not itself approved of it.' But that sense, if it be any -sense at all, is absurd, and therefore unlikely. If none beside the -senate had a right to consecrate any for the deity, yet certainly the -consul or the emperor might _refer_ such a thing to that venerable body. -According to Tertullian's account, the whole is in a fair way of legal -proceeding." [And it may be remarked here that Tertullian, being well -versed in Roman law, would hardly have passed by a blunder here or -committed one in anything wherein he may have had to do with the -statement.] - -"By virtue of an ancient law, no one might be reckoned a god (at least -by the Romans) without the approbation of the senate. Tiberius having -been informed of some extraordinary things concerning Jesus, referred it -to the senate, that he also might be placed in the number of deities. -Was it possible after this that the senate should refuse it, under a -pretense that Tiberius had bestowed divinity upon Jesus without their -consent, when he had done no such thing, and at the very time was -referring it to their judgment in the old legal way? - -"Le Clerc objects that the true reading in Tertullian is not--_Non quia -in se non probaverat_, but _quia non ipse probaverat_. - -"Be it so. The meaning is the same. _Ipse_ must intend the emperor, not -the senate. The other sense is absurd, and next to a contradiction, and -therefore not likely to be right, and at the same time it is a rude and -needless affront. The other interpretation represents a handsome -compliment, not without foundation. For it is very true that Tiberius -had himself declined receiving divine honors. - -"Eighthly: It has been objected that Tiberius was unfriendly to the -Jewish people, and therefore it must be reckoned very improbable that he -should be willing to put a man who was a Jew among the gods. - -"But there is little or no ground for this objection. It was obviated -long ago in the first part of this work, where beside other things it -is said: In the reign of Tiberius the Jewish people were well used. They -were indeed banished out of Italy by an edict; but it was for a -misdemeanor committed by some villains of that nation. The great -hardship was that many innocent persons suffered beside the guilty. - -"Upon other occasions Tiberius showed the Jews all the favor that could -be desired, especially after the death of Sejanus; and is much applauded -for it by Philo. - -"Ninthly: Still it is urged, 'Nothing can be more absurd than to suppose -that Tiberius would receive for a deity a man who taught the worship of -one God only, and whose religion decried all other deities as mere -fiction.' - -"Upon which I must say, nothing can be more absurd than this objection. -Tertullian does not suppose Tiberius to be well acquainted with the -Christian religion, our Savior's doctrine. - -"All he says is, that, having heard of some extraordinary things -concerning him, he had a desire to put him among the Roman deities. - -"Tenthly: Tertullian proceeds: 'Nevertheless the emperor persisted in -his opinion, and ordered that if any accused the Christians they should -be punished.' This was very natural. Though the senate would not put -Jesus in the number of deities, the emperor was still of opinion that it -might have been done. - -"And he determined to provide by an edict for the safety of those who -professed a high regard for Jesus Christ. Which edict, as Eusebius -reasonably supposes, was of use for securing the free preaching of the -gospel in many places. - -"But the authority of that edict would cease at the emperor's demise, if -not sooner. Unfortunately, it could not be in force, or have any great -effect, for a long season. - -"Nor need we consider the ordering such an edict as in favor of the -Christians as an incredible thing, if we observe what Philo says, who -assures us that 'Tiberius gave orders to all the governors of provinces, -to protect the Jews in the cities where they lived in the observation of -their own rights and customs; and that they should bear hard on none of -them, but such as were unpeaceable and transgressed the laws of the -State.' - -"Nor is it impossible that the Christians should partake of the like -civilities, they being considered as a sect of the Jews. And it is -allowed that the Roman empire did not openly persecute the Christians, -till they became so numerous that the heathen people were apprehensive -of the total overthrow of their religion. - -"In the eleventh place, says a learned and judicious writer, 'It is -probable that Pilate, who had no enmity toward Christ, and accounted him -a man unjustly accused and an extraordinary person, might be moved by -the wonderful circumstances attending and following his death, to hold -him in veneration, and perhaps to think him a hero and the son of some -deity. It is possible that he might send a narrative, such as he thought -most convenient, of these transactions to Tiberius: but it is not at all -likely that Tiberius proposed to the senate that Christ should be -deified, and that the senate rejected it, and that Tiberius continued -favorably disposed toward Christ, and that he threatened to punish those -who should molest and accuse the Christians.' 'Observe also,' says the -same learned writer, 'that the Jews persecuted the apostles, and slew -Stephen, and that Saul made havoc of the church, entering into every -house, and hailing men and women, committing them to prison, and that -Pilate connived at all this violence, and was not afraid of the -resentment of Tiberius on that account.' - -"Admitting the truth of all these particulars just mentioned, it does -not follow that no orders were given by Tiberius for the protection of -the followers of Jesus. - -"For no commands of princes are obeyed by all men everywhere. They are -oftentimes transgressed. - -"Nor was any place more likely than Judea, where the enmity of many -against the disciples of Jesus was so great. Nor need it be supposed -that Tiberius was very intent to have this order strictly regarded. For -he was upon many occasions very indolent and dilatory; and he was well -known to be so. Moreover, the death of Stephen was tumultuous, and not -an act of the Jewish council. And further, the influence of Pilate in -that country was not now at its full height. We perceive from the -history of our Lord's trial before him, as recorded in the gospels, that -he stood in fear of the Jews. - -"He was apprehensive that, if he did not gratify them in that point, -they might draw up a long list of maladministrations for the emperor's -view. His condemnation of Jesus at the importunity of the Jews, contrary -to his own judgment and inclination, declared to them more than once, -was a point gained; and his government must have been ever after much -weakened by so mean a condescension. And that Pilate's influence in the -province continued to decline is manifest, in that the people of it -prevailed at last to have him removed in a very ignominious manner by -Vitellius, president of Syria. - -"Pilate was removed from his government before the Passover in the year -of Christ 36. After which there was no procurator or other person with -the power of life and death, in Judea, before the ascension of Herod -Agrippa, in the year 41. - -"In that space of time the Jews would take an unusual license, and -gratify their own malicious dispositions, beyond what they could -otherwise have done, without control. - -"Twelfth: Some have objected that Tertullian is so absurd as to speak of -Christians in the time of Tiberius; though it be certain that the -followers of Jesus were not known by that denomination till some time -afterwards. - -"But this is a trifling objection. Tertullian intends no more by -Christians than followers of Jesus, by whatever name they were known or -distinguished; whether that of Nazarenes, or Galileans, or disciples. - -"And it is undoubted, that the Christian religion had its rise in the -reign of Tiberius; though they who professed to believe in Jesus, as -risen from the dead and ascended to heaven, were not called Christians -till some time afterwards. - -"So at the beginning of the paragraph he says, 'There was an ancient law -that no god should be consecrated by the emperor, unless it was first -approved by the senate.' Nevertheless, Tertullian was not so ignorant as -not to know that there were not any emperors when the ancient decree was -passed. - -"His meaning is, that no one should be deified by any man, no, not by a -consul or emperor, without the approbation of the senate. - -"Finally: We do not suppose that Tiberius understood the doctrine of the -Savior, or that he was at all inclined to be a Christian. - -"Nor did Tertullian intend to say any such thing, for immediately after -the passage first cited from him, he adds: 'But the Cęsars themselves -would have believed in Jesus Christ, if they had not been necessary for -the world, or if Christians could have been Cęsars.' - -"Grotius appears to have rightly understood the importance of these -passages of Tertullian; whose note upon Matthew xxiv. 2, I have -transcribed below." The reader is referred to Vol. VI. of Lardner's -Works, where he will find the notes of this learned writer, as quoted -from various ancients and moderns, in proof of all he has brought -forward in these lengthy arguments, and which cannot be transcribed -here. - -"Admit, then, the right interpretation of Tertullian, and it may be -allowed that what he says is not incredible or improbable. The Romans -had almost innumerable deities, and yet they frequently added to that -number and adopted new. As deifications were very frequent, Tiberius -might have indulged a thought of placing Jesus among the established -deities without intending to derogate from the worship or honor of those -who were already received. - -"But the senate was not in a humor to gratify him. - -"And the reason assigned is, because the emperor himself had declined -that honor, which is so plausible a pretense, and so fine a compliment, -that we cannot easily suppose it to be Tertullian's own invention; -which, therefore, gives credibility to his account. - -"Eusebius, though he acknowledged the overruling providence of God in -the favorable disposition of Tiberius toward the first followers of -Jesus, by which means the Christian religion in its infancy was -propagated over the world with less molestation, does also say, at the -beginning of the chapter quoted, 'The senate refused their consent to -the emperor's proposal, under a pretence that they had not been first -asked, there being an ancient law, that no one should be deified without -the approbation of the senate, but, indeed,' adds he, 'because the -saving and divine doctrine of the gospel needed not to be ratified by -human judgment and authority.' - -Chrysostom's observation is to like purpose, but with some inaccuracies. -It is likely that he was not at all acquainted with Tertullian; and he -was no admirer of Eusebius. Perhaps he builds upon general tradition -only. 'The Roman senate,' says he, 'had the power of nominating and -decreeing who should be gods. When, therefore, all things concerning -Christ had been published, he who was the governor of the Jewish nation -sent to them to know if they would be pleased to appoint him also to be -a god. But they refused, being offended and provoked, that before their -decree and judgment had been obtained, the power of the crucified one -had shined out and had attracted all the world to the worship of him. -But, by the overruling providence of God, this was brought to pass -against their will, that the divinity of Christ might not be established -by human appointment and that he might not be reckoned one of the many -who were deified by them.' - -"Some of which, as he proceeds to show, had been of infamous characters. - -"I shall now transcribe below in his own words what Orosius, in the -fifth century, says of this matter, that all my readers may have it at -once before them without looking farther for it." This quotation from -Orosius will be found in the "Testimony of the Fathers," under the -title, "Testimony of Orosius." - -"And I refer to Zonoras and Nicephoras. The former only quotes Eusebius, -and transcribes into his Annals the chapter of his Ecclesiastical -History quoted by me. Nor has Nicephoras done much more."[213] - - -TISCHENDORF'S COMMENTS ON THE ACTS OF PILATE - -"It is the same with the second apocryphal work brought under review -above, the so-called Acts of Pilate, only with the difference that they -refer as much to John as to the synoptical Gospels. Justin, in like -manner as before, is the most ancient voucher for this work, which is -said to have been written under Pilate's jurisdiction, and by reason of -its specification of wonderful occurrences before, during, and after the -crucifixion, to have borne strong evidence to the divinity of Christ. -Justin saw as little reason as Tertullian and others for believing that -it was a work of pious deception from a Christian hand." [As has been -alleged by opponents.] "On the contrary, Justin appeals to it twice in -his first Apology in order to confirm the accounts of the occurrences -which took place at the crucifixion in accordance with prophecy, and of -the miraculous healings effected by Christ, also the subject of -prophetic announcement. He cites specifically (chap. 35) from Isaiah -lxv. 2, and lviii. 2: 'I have spread out my hands all the day unto a -rebellious people which walketh in a way that was not good. They ask of -me the ordinances of justice, they take delight in approaching to God.' -Further, from the 22nd Psalm: 'They pierced my hands and my feet; they -parted my garments upon them and cast lots upon my vesture.' With -reference to this he remarks that Christ fulfilled this; that he did -stretch forth his hands when the Jews crucified him--the men who -contended against him and denied that he was Christ. 'Then,' he says -further, 'as the prophet foretold, they dragged him to the judgment -seat, set him upon it and said, Judge us.' The expression, however, -'they pierced,' etc., refers to the nails with which they fastened his -feet and hands to the cross. And after they had crucified him they -threw lots for his clothing, and they who had taken part in the act of -crucifixion divided it among themselves. To this he adds: And you can -learn from the Acts, composed during the governorship of Pontius Pilate, -that these things really happened. - -"Still more explicit is the testimony of Tertullian. It may be found in -Apologeticus (chap. 2) where he says that out of envy Jesus was -surrendered to Pilate by the Jewish ceremonial lawyers, and by him, -after he had yielded to the cries of the people, given over for -crucifixion; that while hanging on the cross he gave up the ghost with a -loud cry, and so anticipated the executioner's duty; that at that same -hour the day was interrupted by a sudden darkness; that a guard of -soldiers was set at the grave for the purpose of preventing his -disciples stealing his body, since he had predicted his resurrection, -but that on the third day the ground was suddenly shaken and the stone -rolled away from before the sepulchre; that in the grave nothing was -found but the articles used in his burial; that the report was spread -abroad by those who stood outside that the disciples had taken the body -away; that Jesus spent forty days with them in Galilee, teaching them -what their mission should be, and that after giving them their -instructions as to what they should preach, he was raised in a cloud to -heaven. Tertullian closes this account with the words, 'All this was -reported to the Emperor at that time, Tiberius, by Pilate, his -conscience having compelled even him to become a Christian.' - -"The document now in our possession corresponds with this evidence of -Justin and Tertullian. Even in the title it agrees with the account of -Justin, although instead of the word _acta_, which he used, and which is -manifestly much more Latin than Greek, a Greek expression is employed -which can be shown to have been used to indicate genuine Acts. The -details recounted by Justin and Tertullian are all found in our text of -the Acts of Pilate, with this variation, that nothing corresponds to -what is joined to the declaration of the prophet, 'They dragged him to -the seat of judgment and set him upon it and said,' etc. Besides this, -the casting lots for the vesture is expressed simply by the allusion to -the division of the clothes. We must give even closer scrutiny to one -point. Justin alludes to the miracles which were performed in -fulfillment of Old Testament prophecy, on the lame, the dumb, the blind, -the dead, and on lepers. In fact, in our Acts of Pilate there are made -to appear before the Roman governor a palsied man who had suffered for -thirty-eight years, and was brought in a bed by young men, and healed on -the Sabbath day; a blind man cured by the laying on of hands; a cripple -who had been restored; a leper who had been cleansed; the woman whose -issue of blood had been stanched, and a witness of the raising of -Lazarus from the dead. Of that which Tertullian cites we will adduce -merely the passage found in no one of our gospels, that Jesus passed -forty days after his resurrection in company with his disciples in -Galilee. - -"This is indicated in our Acts of Pilate at the end of the fifteenth -chapter, where the risen man is represented as saying to Joseph: 'For -forty days go not out of thy house, for behold I go to my brethren in -Galilee.' - -"Every one will perceive how strongly the argument that our Acts of -Pilate are the same which Justin and Tertullian read is buttressed by -these unexpected coincidences. The assertion recently made requires, -consequently, no labored contradiction that the allusions to both men -have grown out of their mere suspicion that there was such a record as -the Acts of Pilate, or out of the circulation of a mere story about such -a record, while the real work was written as the consequence of these -allusions at the close of the third century. What an uncommon fancy it -requires in the two men to coincide so perfectly in a single production, -as is the case in the Acts to which I am now referring. And are we to -imagine that they referred with such emphasis as they employed to the -mere creations of their fancy? - -"The question has been raised with more justice, whether the production -in our possession may not have been a copy or a free revision of the old -and primitive one. The modern change in the title has given support to -this conjecture, for it has occasioned the work to be commonly spoken of -as the Gospel of Nicodemus. But this title is borne neither by any Greek -manuscript, the Coptic-Sahidian papyrus, nor the Latin manuscripts with -the exception of a few of the most recent. It may be traced only -subsequently to the twelfth century, although at a very early period, in -one of the two prefaces attached to the work, Nicodemus is mentioned in -one place as a Hebrew author and in another as a Greek translator. But -aside from the title, the handwriting displays great variation, and the -two prefaces alluded to above show clearly the work of two hands. -Notwithstanding this, however, there are decisive grounds for holding -that our Acts of Pilate contains in its main substance the document -drawn from Justin and Tertullian. The first of these to be noticed is, -that the Greek text, as given in the version most widely circulated in -the manuscripts, is surprisingly corroborated by two documents of the -rarest character, and first used by myself--a Coptic-Sahidian papyrus -manuscript and a Latin palimpsest--both probably dating from the fifth -century. Such a documentary confirmation of their text is possessed by -scarcely ten works of the collective Greek classic literature. Both of -these ancient writings make it in the highest degree probable that the -Egyptian and Latin translations which they contain were executed still -earlier. - -"But could a work which was held in great consideration in Justin's and -Tertullian's time and down to the commencement of the fourth century, -and which strenuously insists that the Emperor Maximin caused other -blasphemous Acts of Pilate to be published and zealously circulated, -manifestly for the purpose of displacing and discrediting the older -Christian Acts--could such a work suddenly change its whole form, and -from the fifth century, to which in so extraordinary a manner -translators, wholly different in character, point back with such -wonderful concurrence, continue in the new form? Contrary as this is to -all historical criticism, there is in the contents of the work, in the -singular manner in which isolated and independent details are shown to -be related to the canonical books, no less than in the accordance with -the earliest quotations found in Justin and Tertullian, a guaranty of -the greatest antiquity. - -"There are in the contents, also, matters of such a nature that we must -confess that they are to be traced back to the primitive edition, as, -for example the narrative in the first chapter of the bringing forward -of the accused. - -"It is incorrect, moreover, to draw a conclusion from Justin's -designation of the Acta which is not warranted by the whole character of -the work. The Acta, the _[Greek: hypomnźmata]_, are specified in -Justin's account not less than in the manuscripts which we possess, as -being written _under_ Pontius Pilate, and that can signify nothing else -than that they were an official production composed under the direct -sanction of the Roman governor. Their transmission to the emperor must -be imagined as accompanied by a letter of the same character with that -which has been brought down to us in the Greek and Latin edition, and -yet not at all similar in purport to the notable Acts of Pilate."[214] - - -THE ACTS OF PILATE - -(_First Greek Form_) - -I, Ananias, of the proprętor's bodyguard, being learned in the law, -knowing our Lord Jesus Christ from the Holy Scriptures, coming to Him by -faith, and counted worthy of the holy baptism, searching also the -memorials written at that time of what was done in the case of our Lord -Jesus Christ, which the Jews had laid up in the time of Pontius Pilate, -found these memorials written in Hebrew, and, by the favor of God, have -translated them into Greek for the information of all who call upon the -name of our Master Jesus Christ, in the seventeenth year of the reign of -our lord Flavius Theodosius, and the sixth of Flavius Valentianus, in -the ninth indiction. - -All ye, therefore, who read and transfer into other books, remember me -and pray for me, and pardon my sins which I have sinned against Him. - -Peace be to those who read and those who hear, and to their households. -Amen. - - * * * * * - -CHAPTER 1.--Having called a council, the high priests and the scribes -Annas and Caiaphas and Semes and Dathaes, and Gamaliel, Judas, Levi and -Nepthalim, Alexander and Jaļrus, and the rest of the Jews, came to -Pilate accusing Jesus about many things, saying: We know this man to be -the son of Joseph the carpenter, born of Mary; and he says that he is -the Son of God, and a king; moreover, profanes the Sabbath, and wishes -to do away with the law of our fathers. Pilate says: And what are the -things which he does, to show that he wishes to do away with it? The -Jews say: We have a law not to cure anyone on the Sabbath; but this man -has, on the Sabbath, cured the lame and the crooked, the withered and -the blind and the paralytic, the dumb and the demoniac, by evil -practices. Pilate says to them: What evil practices? They say to him: -He is a magician, and by Beelzebub, prince of the demons, he casts out -the demons, and all are subject to him. Pilate says to them: This is not -casting out the demons by an unclean spirit, but by the god Esculapius. - -The Jews say to Pilate: We entreat your highness that he stand at the -tribunal and be heard. And Pilate, having called them, says: Tell me how -I, being a procurator, can try a king? They say to him: We do not say -that he is a king, but he himself says that he is. And Pilate, having -called the runner, says to him: Let Jesus be brought in with respect. -And the runner, going out and recognizing him, adored him, and took his -cloak into his hand and spread it on the ground, and says to him: My -Lord, walk on this and come in, for the procurator calls thee. And the -Jews, seeing what the runner had done, cried out against Pilate, saying: -Why hast thou ordered him to come in by a runner, and not by a crier? -for assuredly the runner, when he saw him, adored him, and spread his -doublet on the ground and made him walk like a king. - -And Pilate, having called the runner, says to him: Why hast thou done -this, and spread out thy cloak upon the earth and made Jesus walk upon -it? The runner says to him: My Lord procurator, when thou didst send me -to Jerusalem to Alexander, I saw him sitting upon an ass, and the sons -of the Hebrews held branches in their hands and shouted; and others -spread their clothes under him saying: Save now, thou who art in the -highest; blessed is he that cometh in the name of the Lord. - -The Jews cry out and say to the runner: The sons of the Hebrews shouted -in Hebrew; whence, then, hast thou the Greek? The runner says to them: I -asked one of the Jews, and said: What is it they are shouting in Hebrew? -And he interpreted it for me. Pilate says to them: And what did they -shout in Hebrew? The Jews say to him: _Hosanna membrome baruchamma -adonai._ Pilate says to them: And this hosanna, etc., how is it -interpreted? The Jews say to him: Save now in the highest; blessed is he -that cometh in the name of the Lord. Pilate says to them: If you bear -witness to the words spoken by the children, in what has the runner done -wrong? And they were silent. And the procurator says to the runner: Go -out and bring him in what way thou wilt. And the runner, going out, did -in the same manner as before, and says to Jesus: My Lord, come in; the -procurator calleth thee. - -And Jesus, going in, and the standard bearers holding their standards, -the tops of the standards bent down, and adored Jesus. And the Jews, -seeing the bearing of the standards how they were bent down and adored -Jesus, cried out vehemently against the standard bearers. And Pilate -says to the Jews: Do you not wonder how the tops of the standards were -bent down and adored Jesus? The Jews say to Pilate: We saw how the -standard bearers bent them down and adored him. And the procurator, -having called the standard bearers, says to them: Why have you done -this? They say to Pilate: We are Greeks and temple slaves, and how -could we adore him? and assuredly, as we were holding them up, the tops -bent down of their own accord and adored him. - -Pilate says to the rulers of the synagogue and the elders of the people: -Do you choose for yourselves men strong and powerful, and let them hold -up the standards, and let us see whether they will bend down with them. -And the elders of the Jews picked out twelve men powerful and strong, -and made them hold up the standards six by six; and they were placed in -front of the procurator's tribunal. And Pilate says to the runner: Take -him outside of the Pretorium, and bring him in again in whatever way may -please thee. And Jesus and the runner went out of the Pretorium. And -Pilate, summoning those who had formerly held up the standards, says to -them: I have sworn by the health of Cęsar, that if the standards do not -bend down when Jesus comes in, I will cut off your heads. And the -procurator ordered Jesus to come in the second time. And the runner did -in the same manner as before, and made many entreaties to Jesus to walk -on his cloak. And he walked on it and went in. And as he went in the -standards were again bent down and adored Jesus. - - * * * * * - -CHAP. 2.--And Pilate, seeing this, was afraid, and sought to go away -from the tribunal, but when he was still thinking of going away, his -wife sent to him saying: Have nothing to do with this just man, for many -things have I suffered on his account this night. And Pilate, summoning -the Jews, says to them: You know that my wife is a worshiper of God, and -prefers to adhere to the Jewish religion along with you. They say to -him: Yes, we know. Pilate says to them: Behold, my wife has sent to me, -saying, Have nothing to do with this just man, for many things have I -suffered on account of him this night. And the Jews answering, say unto -Pilate: Did we not tell thee that he was a sorcerer? Behold, he has sent -a dream to thy wife. - -And Pilate, having summoned Jesus, says to him: What do these witness -against thee? Sayest thou nothing? And Jesus said: Unless they had the -power, they would say nothing; for every one has the power of his own -mouth to speak both good and evil. They shall see to it. - -And the elders of the Jews answered, and said to Jesus: What shall we -see? First, that thou wast born of fornication; secondly, that thy birth -in Bethlehem was the cause of the murder of the infants; thirdly, that -thy father Joseph and thy mother Mary fled into Egypt because they had -no confidence in the people. - -Some of the bystanders, pious men of the Jews, say: We deny that he was -born of fornication; for we know that Joseph espoused Mary, and he was -not born of fornication. Pilate says to the Jews who said he was of -fornication: This story of yours is not true, because they were -betrothed, as also these fellow-countrymen of yours say. Annas and -Caiaphas say to Pilate: All the multitude of us cry out that he was born -of fornication, and are not believed; these are proselytes and his -disciples. And Pilate, calling Annas and Caiaphas, says to them: What -are proselytes? They say to him: They are by birth children of the -Greeks, and have now become Jews. And those that said that he was not -born of fornication, viz.: Lazarus, Asterius, Antonius, James, Amnes, -Zeras, Samuel, Isaac, Phinees, Crispus, Agrippas and Judas, say: We are -not proselytes, but are children of the Jews, and speak the truth; for -we were present at the betrothal of Joseph and Mary. - -And Pilate, calling these twelve men who said that he was not born of -fornication, says to them: I adjure you, by the health of Cęsar, to tell -me whether it be true that you say, that he was not born of fornication. -They say to Pilate: We have a law against taking oaths, because it is a -sin; but they will swear by the health of Cęsar that it is not as we -have said, and we are liable to death. Pilate says to Annas and -Caiaphas: Have you nothing to answer to this? Annas and Caiaphas say to -Pilate: These twelve are believed when they say that he was not born of -fornication; all the multitude of us cry out that he was born of -fornication, and that he is a sorcerer; and he says that he is the Son -of God and a king, and we are not believed. - -And Pilate orders all the multitude to go out, except the twelve men who -said that he was not born of fornication, and he ordered Jesus to be -separated from them. And Pilate says to them: For what reason do they -wish to put him to death? They say to him: They are angry because he -cures on the Sabbath. Pilate says: For a good work do they wish to put -him to death? They say to him: Yes. - - * * * * * - -CHAP. 3.--And Pilate, filled with rage, went outside of the Pretorium -and said to them: I take the sun to witness that I find no fault in this -man. The Jews answered and said to the procurator: Unless this man were -an evil-doer, we should not have delivered him to thee. And Pilate said: -Do you take him and judge him according to your law. The Jews said to -Pilate: It is not lawful for us to put anyone to death. Pilate said: Has -God said that you are not to put to death, but that I am? - -And Pilate went again into the Pretorium and spoke to Jesus privately, -and said to him: Art thou the king of the Jews? Jesus answered Pilate: -Dost thou say this of thyself, or have others said it to thee of me? -Pilate answered Jesus: Am I also a Jew? Thy nation and the chief priests -have given thee up to me. What hast thou done? Jesus answered: My -kingdom is not of this world; for if my kingdom were of this world, my -servants would fight in order that I should not be given up to the Jews: -but now my kingdom is not from thence. Pilate said to him: Art thou, -then, a king? Jesus answered him: Thou sayest that I am king. Because -for this have I been born, and I have come, in order that everyone who -is of the truth might hear my voice. Pilate says to him: What is truth? -Jesus says to him: Truth is from heaven. Pilate says: Is truth not upon -earth? Jesus says to Pilate: Thou seest how those who speak the truth -are judged by those that have the power upon earth. - - * * * * * - -CHAP. 4.--And leaving Jesus within the Pretorium, Pilate went out to -the Jews and said to them: I find no fault in him. The Jews say to him: -He said, I can destroy this temple, and in three days build it. Pilate -says: What temple? The Jews say: The one that Solomon built in forty-six -years, and this man speaks of pulling it down and building it up in -three days. Pilate says to them: I am innocent of the blood of this just -man. See you to it. The Jews say: His blood be upon us and upon our -children. - -And Pilate, having summoned the elders and priests and Levites, said to -them privately: Do not act thus, because no charge that you bring -against him is worthy of death; for your charge is about curing and -Sabbath profanation. The elders and the priests and the Levites say: If -anyone speak evil against Cęsar, is he worthy of death or not? Pilate -says: He is worthy of death. The Jews say to Pilate: If anyone speak -evil against Cęsar, he is worthy of death; but this man has spoken evil -against God. - -And the procurator ordered the Jews to go outside of the Pretorium; and, -summoning Jesus, he says to him: What shall I do to thee? Jesus says to -Pilate: As it has been given to thee. Pilate says: How given? Jesus -says: Moses and the prophets have proclaimed beforehand of my death and -resurrection. And the Jews, noticing this and hearing it, say to Pilate: -What more wilt thou hear of this blasphemy? Pilate says to the Jews: If -these words be blasphemous, do you take him for the blasphemy, and lead -him away to your synagogue and judge him according to your law. The Jews -say to Pilate: Our law bears that a man who wrongs his fellow-men is -worthy to receive forty save one: but he that blasphemeth God is to be -stoned with stones. - -Pilate says to them: Do you take him and punish him in whatever way you -please. The Jews say to Pilate: We wish that he be crucified. Pilate -says: He is not deserving of crucifixion. - -And the procurator, looking round upon the crowds of the Jews standing -by, sees many of the Jews weeping, and says: All the multitude do not -wish him to die. The elders of the Jews say: For this reason all the -multitude of us have come, that he should die. Pilate says to the Jews: -Why should he die? The Jews say: Because he called himself the Son of -God and King. - - * * * * * - -CHAP. 5.--And one Nicodemus, a Jew, stood before the procurator and -said: I beseech your honor let me say a few words. Pilate says: Say on. -Nicodemus says: I said to the elders and the priests and Levites, and to -all the multitude of the Jews in the synagogue, What do you seek to do -with this man? This man does many miracles and strange things, which no -one has done or will do. Let him go and do not wish any evil against -him. If the miracles which he does are of God, they will stand; but if -of man, they will come to nothing. For assuredly Moses, being sent by -God into Egypt, did many miracles, which the Lord commanded him to do -before Pharaoh, king of Egypt. And there were Jannes and Jambres, -servants of Pharaoh, and they also did not a few of the miracles which -Moses did; and the Egyptians took them to be gods--this Jannes and -Jambres. But, since the miracles which they did were not of God, both -they and those who believed in them were destroyed. And now release this -man, for he is not deserving of death. - -The Jews say to Nicodemus: Thou hast become his disciple, and therefore -thou defendest him. Nicodemus says to them: Perhaps, too, the procurator -has become his disciple, because he defends him. Has the emperor not -appointed him to this place of dignity? And the Jews were vehemently -enraged, and gnashed their teeth against Nicodemus. Pilate says to them: -Why do you gnash your teeth against him when you hear the truth? The -Jews say to Nicodemus: Mayst thou receive his truth and his portion. -Nicodemus says: Amen, amen; may I receive it, as you have said. - - * * * * * - -CHAP. 6.--One of the Jews, stepping up, asked leave of the procurator to -say a word. The procurator says: If thou wishest to say anything, say -on. And the Jew said: Thirty-eight years I lay in my bed in great agony. -And when Jesus came, many demoniacs and many lying ill of various -diseases were cured by him. And when Jesus saw me he had compassion on -me, and said to me: Take up thy couch and walk. And I took up my couch -and walked. The Jews say to Pilate: Ask him on what day it was when he -was cured. He that had been cured says: On a Sabbath. The Jews say: Is -not this the very thing we said, that on a Sabbath he cures and casts -out demons? - -And another Jew stepped up and said: I was born blind; I heard sounds, -but saw not a face. And as Jesus passed by I cried out with a loud -voice, Pity me, O son of David. And he pitied me and put his hands upon -my eyes, and I instantly received my sight. And another Jew stepped up -and said: I was crooked and he straightened me with a word. And another -said: I was a leper, and be cured me with a word. - - * * * * * - -CHAP. 7.--And a woman cried out from a distance and said: I had an issue -of blood, and I touched the hem of his garment, and the issue of blood, -which I had had for twelve years, was stopped. The Jews say: We have a -law that a woman's evidence is not received. - - * * * * * - -CHAP. 8.--And others, a multitude both of men and women, cried out, -saying: This man is a prophet, and the demons are subject to him. Pilate -says to them who said that the demons were subject to him: Why, then, -were not your teachers also subject to him? They say to Pilate: We do -not know. And others said: He raised Lazarus from the tomb after he had -been dead four days. And the procurator trembled, and said to all the -multitude of the Jews: Why do you wish to pour out innocent blood? - - * * * * * - -CHAP. 9.--And, having summoned Nicodemus and the twelve men that said he -was not born of fornication, he says to them: What shall I do, because -there is an insurrection among the people? They say to him: We know not; -let them see to it. Again Pilate, having summoned all the multitude of -the Jews, says: You know that it is customary, at the feast of -unleavened bread, to release one prisoner to you. I have one condemned -prisoner in the prison, a murderer named Bar Abbas, and this man -standing in your presence, Jesus in whom I find no fault. Which of them -do you wish me to release to you? And they cry out: Bar Abbas. Pilate -says: What, then, shall we do to Jesus, who is called Christ? The Jews -say: Let him be crucified. And others said: Thou art no friend of -Cęsar's if thou release this man, because he called himself the Son of -God and King. You wish this man, then, to be a king, and not Cęsar? - -And Pilate, in a rage, says to the Jews: Always has your nation been -rebellious, and you always speak against your benefactors. The Jews say: -What benefactors? He says to them: Your God led you out of the land of -Egypt from bitter slavery, and brought you safe through the sea as -through dry land, and in the desert fed you with manna and gave you -quails, and quenched your thirst with water from a rock, and gave you a -law; and in all these things have you provoked your God to anger, and -sought a molten calf. And you exasperated your God, and he sought to -slay you. And Moses prayed for you, and you were not put to death. And -now you charge me with hating the emperor. - -And, rising up from the tribunal, he sought to go out. And the Jews cry -out and say: We know that Cęsar is king, and not Jesus. For assuredly -the magi brought gifts to him as to a king. And when Herod heard from -the magi that a king had been born, he sought to slay him, and his -father, Joseph, knowing this, took him and his mother, and they fled -into Egypt. And Herod, hearing of it, destroyed the children of the -Hebrews that had been born in Bethlehem. - -And when Pilate heard these words he was afraid; and, ordering the crowd -to keep silence, because they were crying out, he says to them: So this -is he whom Herod sought? The Jews say: Yes, it is he. And, taking water, -Pilate washed his hands in the face of the sun, saying: I am innocent of -the blood of this just man: see you to it. Again the Jews cry out: His -blood be upon us and upon our children. - -Then Pilate ordered the curtain of the tribunal where he was sitting to -be drawn, and says to Jesus: Thy nation has charged thee with being a -king. On this account, I sentence thee first to be scourged, according -to the enactment of venerable kings, and then to be fastened on the -cross in the garden where thou was seized. And let Dysmas and Gestas, -the two malefactors, be crucified with thee. - - * * * * * - -CHAP. 10.--And Jesus went forth out of the Pretorium, and the -malefactors with him. And when they came to the place they stripped him -of his clothes and girded him with a towel, and put a crown of thorns on -him round his head. And they crucified him; and at the same time, also, -they hung up the two malefactors along with him. And Jesus said: Father, -forgive them, for they know not what they do. And the soldiers parted -his clothes among them; and the people stood looking at him. And the -chief priests and the rulers with them mocked him, saying: He saved -others, let him save himself. If he be the Son of God, let him come down -from the cross. And the soldiers made sport of him, coming near and -offering him vinegar mixed with gall, and said: Thou art the king of the -Jews; save thyself. - -And Pilate, after the sentence, ordered the charge against him to be -inscribed as a superscription in Greek and Latin and Hebrew, according -to what the Jews had said: He is king of the Jews. - -And one of the malefactors hanging up spoke to him, saying: If thou be -the Christ, save thyself and us. And Dysmas answering reproved him, -saying: Dost thou not fear God, because thou art in the same -condemnation? And we, indeed, justly, for we receive the fit punishment -of our deeds; but this man has done no evil. And he said to Jesus: -Remember me, Lord, in thy kingdom. And Jesus said to him: Amen, amen; I -say to thee, To-day shalt thou be with me in Paradise. - - * * * * * - -CHAP. 11.--And it was about the sixth hour, and there was darkness over -the earth until the ninth hour, the sun being darkened; and the curtain -of the temple was split in the middle. And, crying out with a loud -voice, Jesus said: Father, _baddach ephkid ruel_, which is, interpreted, -Into thy hands I commit my spirit. And, having said this, he gave up the -ghost. And the centurion, seeing what had happened, glorified God and -said: This was a just man. And all the crowds that were present at this -spectacle, when they saw what had happened, beat their breasts and went -away. - -And the centurion reported what had happened to the procurator. And when -the procurator and his wife heard it they were exceedingly grieved, and -neither ate nor drank that day. And Pilate sent for the Jews and said to -them: Have you seen what has happened? And they say: There has been an -eclipse of the sun in the usual way. - -And his acquaintances were standing at a distance, and the women who -came with him from Galilee, seeing these things. And a man named Joseph, -a councillor from the city of Arimathea, who also waited for the kingdom -of God, went to Pilate and begged the body of Jesus. And he took it down -and wrapped it in a clean linen, and placed it in a tomb hewn out of the -rock, in which no one had ever lain. - - * * * * * - -CHAP. 12.--And the Jews, hearing that Joseph had begged the body of -Jesus, sought him, and the twelve who said that Jesus was not born of -fornication, and Nicodemus and many others who had stepped up before -Pilate and declared his good works. And of all these that were hid -Nicodemus alone was seen by them, because he was a ruler of the Jews. -And Nicodemus says to them: How have you come into the synagogue? The -Jews say to him: How hast thou come into the synagogue? for thou art a -confederate of his, and his portion is with thee in the world to come. -Nicodemus says: Amen, amen. And likewise Joseph also stepped out and -said to them: Why are you angry against me because I begged the body of -Jesus? Behold, I have put him in my new tomb, wrapping him in clean -linen; and I have rolled a stone to the door of the tomb. And you have -acted not well against the just man, because you have not repented of -crucifying him, but also have pierced him with a spear. And the Jews -seized Joseph and ordered him to be secured until the first day of the -week, and said to him: Know that the time does not allow us to do -anything against thee, because the Sabbath is dawning: and know that -thou shalt not be deemed worthy of burial, but we shall give thy flesh -to the birds of the air. Joseph says to them: These are the words of the -arrogant Goliath, who reproached the living God and holy David. For God -has said by the prophet, Vengeance is mine, and I will repay, saith the -Lord. And now that he is uncircumcised in flesh, but circumcised in -heart, has taken water and washed his hands in the face of the sun, -saying, I am innocent of the blood of this just man; see ye to it. And -you answered and said to Pilate: His blood be upon us and upon our -children. And now I am afraid, lest the wrath of God come upon you and -upon your children, as you have said. And the Jews, hearing these words, -were embittered in their souls, and seized Joseph and locked him into a -room where there was no window; and guards were stationed at the door, -and they sealed the door where Joseph was locked in. - -And on the Sabbath the rulers of the synagogue and the priests and the -Levites made a decree that all should be found in the synagogue on the -first day of the week. And, rising up early, all the multitude in the -synagogue consulted by what death they should slay him. And when the -Sanhedrin was sitting, they ordered him to be brought with much -indignity. And, having opened the door, they found him not. And all the -people were surprised and struck with dismay, because they found the -seals unbroken, and because Caiaphas had the key. And they no longer -dared to lay hands upon those who had spoken before Pilate in Jesus' -behalf. - - * * * * * - -CHAP. 13.--And while they were still sitting in the synagogue and -wondering about Joseph, there came some of the guard whom the Jews had -begged of Pilate to guard the tomb of Jesus, that his disciples might -not come and steal him. And they reported to the rulers of the -synagogue, and the priests and Levites, what had happened: how there had -been an earthquake; and we saw an angel coming down from heaven, and he -rolled away the stone from the mouth of the tomb and sat upon it; and he -shone like snow and like lightning. And we were very much afraid, and -lay like dead men; and we heard the voice of the angel, saying to the -women who remained beside the tomb, Be not afraid, for I know that you -seek Jesus, who was crucified. He is not here. He has risen, as he said. -Come, see the place where the Lord lay; and go quickly and tell his -disciples that he is risen from the dead, and is in Galilee. - -The Jews say: To what women did he speak? The men of the guard say: We -know not who they were. The Jews say: At what time was this? The men of -the guard say: At midnight. The Jews say: And wherefore did you not lay -hold of them? The men of the guard say: We were like dead men from fear, -not expecting to see the light of day, and how could we lay hold of -them? The Jews say: As the Lord liveth, we do not believe you. The men -of the guard say to the Jews: You have seen so great miracles in the -case of this man, and have not believed; and how can you believe us? And -assuredly you have done well to swear that the Lord liveth, for indeed -he does live. Again the men of the guard say: We have heard that you -have locked up the man that begged the body of Jesus, and put a seal on -the door; and that you have opened it and not found him. Do you, then, -give us the man whom you were guarding, and we shall give you Jesus. The -Jews say: Joseph has gone away to his own city. The men of the guard say -to the Jews: And Jesus has risen, as we heard from the angel, and is in -Galilee. - -And when the Jews heard these words they were very much afraid, and -said: We must take care lest this story be heard, and all incline to -Jesus. And the Jews called a council, and paid down a considerable money -and gave it to the soldiers, saying: Say, while he slept, his disciples -came by night and stole him; and if this come to the ears of the -procurator we shall persuade him and keep you out of trouble. And they -took it, and said as they had been instructed. - - * * * * * - -CHAP. 14.--And Phinees, a priest, and Adas, a teacher, and Haggai, a -Levite, came down from Galilee to Jerusalem, and said to the rulers of -the synagogue, and the priests and the Levites: We saw Jesus and his -disciples sitting on the mountain called Mamilch; and he said to his -disciples, Go into all the world, and preach to every creature: he that -believeth and is baptized shall be saved, and he that believeth not -shall be condemned. And these signs shall attend those who have -believed: in my name they shall cast out demons, speak new tongues, take -up serpents; and if they drink any deadly thing it shall by no means -hurt them, they shall lay hands on the sick, and they shall be well. And -while Jesus was speaking to his disciples we saw him taken up into -heaven. - -The elders and priests and Levites say: Give glory to the God of Israel, -and confess to him whether you have heard and seen those things, of -which you have given us an account. And those who had given the account -said: As the Lord liveth, the God of our fathers, Abraham, Isaac, and -Jacob, we heard these things, and saw him taken up into heaven. The -elders and the priests and the Levites say to them: Have you come to -give us this announcement, or to offer prayer to God? And they say: To -offer prayer to God. The elders and the chief priests and the Levites -say to them: If you have come to offer prayer to God, why, then, have -you told these idle tales in the presence of all the people? Says -Phinees, the priest, and Adas, the teacher, and Haggai, the Levite, to -the rulers of the synagogues, and the priests and the Levites: If what -we have said and seen be sinful, behold, we are before you; do to us as -seems good in your eyes. And they took the law and made them swear upon -it not to give any more an account of these matters to anyone. And they -gave them to eat and drink and sent them out of the city, having given -them also money, and three men with them; and they sent them away to -Galilee. - -And these men, having gone into Galilee, the chief priests and the -rulers of the synagogue, and the elders came together in the synagogue -and locked the door, and lamented with great lamentation, saying: Is -this a miracle that has happened in Israel? And Annas and Caiaphas said: -Why are you so much moved? Why do you weep? Do you not know that his -disciples have given a sum of gold to the guards of the tomb, and have -instructed them to say that an angel came down and rolled away the stone -from the door of the tomb? And the priests and elders said: Be it that -his disciples have stolen his body; how is it that the life has come -into his body, and that he is going about in Galilee? And they, being -unable to give an answer to these things, said, after great hesitation: -It is not lawful for us to believe the uncircumcised. - - * * * * * - -CHAP. 15.--And Nicodemus stood up, and stood before the Sanhedrin, -saying: You say well; you are not ignorant, you people of the Lord, of -these men that come down from Galilee, that they fear God, and are men -of substance, haters of covetousness, men of peace; and they have -declared with an oath, we saw Jesus upon the mountain Mamilch with his -disciples, and he taught what we heard from him, and we saw him taken up -into heaven. And no one asked them in what form he went up. For -assuredly, as the book of the Holy Scriptures taught us, Helias also was -taken up into heaven, and Elissęus cried out with a loud voice, and -Helias threw his sheepskin upon Elissęus, and Elissęus threw his -sheepskin upon the Jordan, and crossed and came into Jericho. And the -children of the prophets met him and said, O Elissęus, where is thy -master Helias? And he said, He has been taken up into heaven. And they -said to Elissęus, Has not a spirit seized him, and thrown him upon one -of the mountains? But let us take our servants with us and seek him. And -they persuaded Elissęus, and he went away with them. And they sought him -three days, and did not find him; and they knew that he had been taken -up. And now listen to me, and let us send into every district of Israel -and see, lest, perchance, Christ has been taken up by a spirit and -thrown upon one of the mountains. And this proposal pleased all. And -they sent into every district of Israel and sought Jesus, and did not -find him; but they found Joseph in Arimathea, and no one dared to lay -hands on him. - -And they reported to the elders and the priests and the Levites: We have -gone round to every district of Israel, and have not found Jesus; but -Joseph we have found in Arimathea. And hearing about Joseph they were -glad and gave glory to the God of Israel. And the rulers of the -synagogue, and the priests and the Levites, having held a council as to -the manner in which they should meet with Joseph, took a piece of paper -and wrote to Joseph as follows: - -Peace to thee! We know that we have sinned against God, and against -thee; and we have prayed to the God of Israel that thou shouldst deign -to come to thy fathers and to thy children, because we all have been -grieved. For, having opened the door, we did not find thee. And we know -that we have counseled evil counsel against thee; but the Lord has -defended thee, and the Lord himself has scattered to the winds our -counsel against thee, O honorable father Joseph. - -And they chose from all Israel seven men, friends of Joseph, whom, also, -Joseph himself was acquainted with; and the rulers of the synagogue, and -the priests and the Levites say to them: Take notice; if, after -receiving our letter he read it, know that he will come with you to us. -But if he do not read it, know that he is ill-disposed towards us. And, -having saluted him in peace, return to us. And having blest the men, -they dismissed them. And the men came to Joseph and did reverence to -him, and said to him: Peace to thee! And he said: Peace to you and to -all the people of Israel! And they gave him the roll of the letter. And -Joseph, having received it, read the letter and rolled it up, and -blessed God and said: Blessed be the Lord God, who has delivered Israel, -that they should not shed innocent blood, and blessed be the Lord, who -sent out his angel and covered me under his wings. And he set a table -for them: and they ate and drank and slept there. - -And they rose up early and prayed. And Joseph saddled his ass and set -out with the men: and they came to the holy city Jerusalem. And all the -people met Joseph and cried out: Peace to thee in thy coming in! And be -said to all the people: Peace to you! and he kissed them. And the people -prayed with Joseph, and they were astonished at the sight of him. And -Nicodemus received him into his house and made a great feast, and called -Annas and Caiaphas and the elders and the priests and the Levites to his -house. And they rejoiced, eating and drinking with Joseph; and, after -singing hymns, each proceeded to his own house. But Joseph remained in -the house of Nicodemus. - -And on the following day, which was the preparation, the rulers of the -synagogue and the priests and the Levites went early to the house of -Nicodemus; and Nicodemus met them and said: Peace to you! And they said: -Peace to thee and to Joseph, and to all thy house and to all the house -of Joseph! And he brought them into his house. And all the Sanhedrin sat -down, and Joseph sat down between Annas and Caiaphas; and no one dared -to say a word to him. And Joseph said: Why have you called me? And they -signaled to Nicodemus to speak to Joseph. And Nicodemus, opening his -mouth, said to Joseph: Father, thou knowest that the honorable teachers -and the priests and the Levites seek to learn a word from thee. And -Joseph said: Ask. And Annas and Caiaphas, having taken the law, made -Joseph swear, saying: Give glory to the God of Israel, and give him -confession; for Achar, being made to swear by the prophet Jesus, did not -forswear himself, but declared unto him all, and did not hide a word -from him. Do thou also, accordingly, not hide from us to the extent of a -word. And Joseph said: I shall not hide from you one word. And they said -to him: With grief were we grieved because thou didst beg the body of -Jesus and wrap it in clean linen and lay it in a tomb. And on account -of this we secured thee in a room where there was no window; and we put -locks and seals upon the doors, and guards kept watching where thou wast -locked in. And on the first day of the week we opened and found thee -not, and were grieved exceedingly; and astonishment fell upon all the -people of the Lord until yesterday. And now relate to us what happened -to thee. - -And Joseph said: On the preparation, about the tenth hour, you locked me -up, and I remained all the Sabbath. And at midnight, as I was standing -and praying, the room where you locked me in was hung up by the four -corners, and I saw a light like lightning into my eyes. And I was afraid -and fell to the ground. And some one took me by the hand and removed me -from the place where I had fallen; and moisture of water was poured from -my head even to my feet, and a smell of perfumes came about my nostrils. -And he wiped my face and kissed me, and said to me, Fear not, Joseph: -open thine eyes and see who it is that speaks to thee. And, looking up, -I saw Jesus. And I trembled and thought it was a phantom; and I said the -commandments, and he said them with me. Even so you are not ignorant -that a phantom, if it meet anybody and hear the commandments, takes to -flight. And seeing that he said them with me, I said to him, Rabbi -Helias. And he said to me, I am not Helias. And I said to him, Who art -thou, my lord? And he said to me, I am Jesus, whose body thou didst beg -from Pilate; and thou didst clothe me with clean linen, and didst put a -napkin on my face, and didst lay me in thy new tomb, and didst roll a -great stone to the door of the tomb. And I said to him that was speaking -to me, Show me the place where I laid thee. And he carried me away and -showed me the place where I laid him; and the linen cloth was lying in -it, and the napkin for his face. And I knew that it was Jesus. And he -took me by the hand and placed me, though the doors were locked, in the -middle of my house, and led me away to my bed and said to me, Peace to -thee! And he kissed me and said to me, For forty days go not forth out -of thy house; for, behold, I go to my brethren in Galilee. - - * * * * * - -CHAP. 16.--And the rulers of the synagogue, and the priests and the -Levites when they heard these words from Joseph, became as dead, and -fell to the ground, and fasted until the ninth hour. And Nicodemus, -along with Joseph, exhorted Annas and Caiaphas, the priests and the -Levites, saying: Rise up and stand upon your feet, and taste bread and -strengthen your souls, because to-morrow is the Sabbath of the Lord. And -they rose up and prayed to God, and ate and drank, and departed every -man to his own house. - -And on the Sabbath our teachers and the priests and Levites sat -questioning each other and saying: What is this wrath that has come upon -us? for we know his father and mother. Levi, a teacher, says: I know -that his parents fear God, and do not withdraw themselves from the -prayers, and give the tithes thrice a year. And when Jesus was born his -parents brought him to this place and gave sacrifices and burnt -offerings to God. And when the great teacher, Symeon, took him into his -arms, he said, Now thou sendest away thy servant, Lord, according to thy -word, in peace; for mine eyes have seen thy salvation, which thou hast -prepared before the face of all the peoples; a light for the revelation -of the Gentiles, and the glory of thy people Israel. And Symeon blessed -them, and said to Mary his mother, I give thee good news about this -child. And Mary said, It is well, my lord. And Symeon said to her, It is -well; behold, he lies for the fall and the rising again of many in -Israel, and for a sign spoken against; and of thee thyself a sword shall -go through the soul, in order that the reasoning of many hearts may be -revealed. - -They say to the teacher Levi: How knowest thou these things? Levi says -to them: Do you not know that from him I learned the law? The Sanhedrin -say to him: We wish to see thy father. And they sent for his father. And -they asked him, and he said to them: Why have you not believed my son? -The blessed and just Symeon himself taught him the law. The Sanhedrin -says to Rabbi Levi: Is the word that you have said true? And he said: It -is true. And the rulers of the synagogue, and the priests and the -Levites said to themselves: Come, let us send into Galilee to the three -men that came and told about his teaching and his taking up, and let -them tell us how they saw him taken up. And this saying pleased all. And -they sent away the three men who had already gone away into Galilee with -them; and they say to them: Say to Rabbi Adas and Rabbi Phinees and -Rabbi Haggai, Peace to you and all who are with you! A great inquiry -having taken place in the Sanhedrin, we have been sent to you to call -you to this holy place, Jerusalem. - -And the men set out into Galilee and found them sitting and considering -the law: and they saluted them in peace. And the men who were in Galilee -said to those who had come to them: Peace unto all Israel! And they -said: Peace to you! And they again said to them: Why have you come? And -those who had been sent said: The Sanhedrin call you to the holy city -Jerusalem. And when the men heard that they were sought by the Sanhedrin -they prayed to God, and reclined with the men and ate and drank, and -rose up and set out in peace to Jerusalem. - -And on the following day the Sanhedrin sat in the synagogue, and asked -them, saying: Did you really see Jesus sitting on the mountain Mamilch -teaching his eleven disciples, and did you see him taken up? And the men -answered them and said: As we saw him taken up, so also we said. - -Annas says: Take them away from one another and let us see whether their -account agrees. And they took them away from one another. And first they -call Adas and say to him: How didst thou see Jesus taken up? Adas says: -While he was yet sitting on the mountain Mamilch and teaching his -disciples, we saw a cloud overshadowing both him and his disciples. And -the cloud took him up into heaven, and his disciples lay upon their -faces upon the earth. And they call Phinees, the priest, and ask him -also, saying: How didst thou see Jesus taken up? And he spoke in like -manner. And they again asked Haggai, and he spoke in like manner. And -the Sanhedrin said: The law of Moses holds: At the mouth of two or three -every word shall be established. Buthem, a teacher, says: It is written -in the law, And Enoch walked with God, and is not, because God took him. -Jaļrus, a teacher, said: And the death of holy Moses we have heard of, -and have not seen it; for it is written in the law of the Lord, and -Moses died from the mouth of the Lord, and no man knoweth of his -sepulchre unto this day. And Rabbi Levi said: Why did Rabbi Symeon say, -when he saw Jesus, "Behold, he lies for the fall and rising again of -many in Israel, and for a sign spoken against"? And Rabbi Isaac said: It -is written in the law, Behold, I send my messenger before thy face, who -shall go before thee to keep thee in every good way, because my name has -been called upon him. - -Then Annas and Caiaphas said: Rightly have you said what is written in -the law of Moses, that no one saw the death of Enoch, and no one has -named the death of Moses; but Jesus was tried before Pilate, and we saw -him receiving blows and spittings on his face, and the soldiers put -about him a crown of thorns, and he was scourged and received sentence -from Pilate, and was crucified upon the Cranium, and two robbers with -him; and they gave him to drink vinegar with gall, and Longinus, the -soldier, pierced his side with a spear; and Joseph, our honorable -father, begged his body, and he says he is risen; and as the three -teachers say, We saw him taken up into heaven; and Rabbi Levi has given -evidence of what was said by Rabbi Symeon, and that he said, Behold, he -lies for the fall and rising again of many in Israel, and for a sign -spoken against. And all the teachers said to all the people of the Lord: -If this was from the Lord, and is wonderful in your eyes, knowing you -shall know, O house of Jacob, that it is written, Cursed is every one -that hangeth upon a tree. And another scripture teaches: The gods which -have not made the heaven and the earth shall be destroyed. And the -priests and the Levites said to each other: If this memorial be until -the year that is called Jobel, know that it shall endure forever, and he -hath raised for himself a new people. Then the rulers of the synagogue, -and the priests and the Levites, announced to all Israel, saying: Cursed -is that man who shall worship the work of man's hand, and cursed is the -man who shall worship the creatures more than the Creator. And all the -people said, Amen, amen. - -And all the people praised the Lord, and said: Blessed is the Lord, who -hath given rest to his people Israel, according to all that he hath -spoken; there hath not fallen one word of every good word of his that he -spoke to Moses, his servant. May the Lord our God be with us, as he was -with our fathers; let him not destroy us. And let him not destroy us, -that we may incline our hearts to him, that we may walk in all his ways, -that we may keep his commandments and his judgments which he commanded -to our fathers. And the Lord shall be for a king over all the earth in -that day; and there shall be one Lord, and his name one. The Lord is our -king; he shall save us. There is none like thee, O Lord. Great art -thou, O Lord, and great is thy name. By thy power heal us, O Lord, and -we shall be healed; save us, O Lord, and we shall be saved, because we -are thy lot and heritage. And the Lord will not leave his people, for -his great name's sake; for the Lord has begun to make us into his -people. - -And all, having sung praises, went away each man to his own house -glorifying God; for his is the glory forever and ever. Amen. - - -FOOTNOTES: - -[1] Mommsen, "Römisches Staatsrecht," III. I. p. 748. - -[2] "The Jewish People in the Time of Jesus Christ," 2d Div., I. p. 185. - -[3] "The Jewish People in the Time of Jesus Christ," 2d Div., I. p. 187. - -[4] Josephus, "Wars of the Jews," II. 8, 1. - -[5] Josephus, "Ant.," XX. 9, 1. - -[6] John xix. 10. - -[7] John xviii. 31. - -[8] Acts xxv., xxvi. - -[9] "The Trial of Jesus," p. 77. - -[10] "The Jewish People in the Time of Jesus Christ," 1st Div., II. p. -74. - -[11] "The Legal Procedure of Cicero's Time," p. 118. - -[12] "The Legal Procedure of Cicero's Time," p. 118. - -[13] "The Trial of Jesus," p. 293. - -[14] "The Legal Procedure of Cicero's Time," p. 413. - -[15] "Geschichte des römischen Criminalprocesses." - -[16] "The Trial of Jesus," pp. 291-93. - -[17] Dionysius II. 14. - -[18] Liv. II. iv. 5. - -[19] Heuzey, "Miss. archeol. de Maced.," p. 38. - -[20] Accusatores multos esse in civitate utile est, ut metu contineatur -audacia (pro Roscio Amer. 20). - -[21] Persa V. 63 _seq._ - -[22] Fiske, "Manual of Classical Literature," III. Sec. 264. - -[23] Gibbon, "The Decline and Fall of the Roman Empire," Chap. XLIV. - -[24] Const. crim. Theres., Art. 5, par. 2. - -[25] Keim, "Jesus of Nazara," vol. vi. p. 250. - -[26] Keim, "Jesus of Nazara," vol. vi. p. 250. - -[27] John xix. 38-41. - -[28] "History of Madagascar," vol. i. p. 371, 372. - -[29] "Records of Travel in Turkey and Greece," vol. i. p. 447. - -[30] "The Celtic Druids," p. 126; "Anacalypsis," vol. i. p. 317. - -[31] "Anacalypsis," vol. i. p. 217. - -[32] Colenso's "Pentateuch Examined," vol. vi. p. 115. - -[33] Baring-Gould, "Curious Myths," p. 291. - -[34] "Octavius," Chap. XXIX. - -[35] "Ancient Art and Mythology," p. 30. - -[36] Brinton, "The Myths of the New World," p. 95. - -[37] Baring-Gould, "Curious Myths," p. 299. - -[38] Vol. iii. Art., "Cross." - -[39] Kingsborough, "Mexican Antiquities," vol. vi. 166. p. - -[40] "Curious Myths," p. 311. - -[41] "Digest," XLVIII. 4. - -[42] "De Inventione," II. 17. - -[43] Tacitus, "Annals," p. 215. - -[44] Dio, Lib. LVIII. - -[45] "Annals," B. VI. Chap. II. - -[46] Döllinger, "The Gentile and the Jew," vol. ii. p. 33. - -[47] Döllinger, "The Gentile and the Jew," vol. ii. p. 172. - -[48] "Liberty, Equality, Fraternity," pp. 89, 90. - -[49] De Legibus. - -[50] Correspondence between Pliny and Trajan, Letters XCVII, XCVIII. - -[51] Suet., "Cęsar Augustus," Chap. LXIV. - -[52] Philo, "De Legatione ad Cajum," Sec. 38, ed. Mangey, II. 589 _sq._ - -[53] Josephus, "Ant.," XVIII. 3, 1. - -[54] Apol. c. 21 ("jam pro sua conscientia Cristianum"). - -[55] "Historical Lectures," 6th ed. p. 350. - -[56] Josephus, "Ant.," XVIII. 3, 2. - -[57] Scott, "Anne of Geierstein," Chap. I. - -[58] Gessner, "Descript. Mont. Pilat," Zürich, 1555. - -[59] Golbery, "Univers Pittoresque de la Suisse," p. 327. - -[60] Matt. xxvii. 1, 2. - -[61] Mark xv. 1. - -[62] Keim, "Jesus of Nazara," vol. vi. p. 84. - -[63] Josephus, "Wars of the Jews," II. 14, 8; II. 15, 1. - -[64] Keim, "Jesus of Nazara," vol. vi. p. 87. - -[65] Geikie, "The Life and Words of Christ," vol. ii. p. 533. - -[66] Acts xxiv. 1. - -[67] Acts xxv. 16. - -[68] John xviii. 30. - -[69] John xviii. 31. - -[70] Act IV. Scene i. - -[71] Luke xxiii. 2. - -[72] Acts xviii. 14, 15. - -[73] Matt. xxii. 21. - -[74] Matt. xvii. 24, 25. - -[75] Matt. xxvi. 18, 19. - -[76] Josephus, "Ant.," XVII. 10, 5. - -[77] Josephus, "Ant.," XVII. 10, 6. - -[78] Josephus, "Ant.," XVII. 10, 7. - -[79] John xviii. 33. - -[80] Matt. xx. 25. - -[81] Matt. xi. 8. - -[82] John xviii. 34. - -[83] John xviii. 36. - -[84] John xviii. 37. - -[85] John xviii. 38. - -[86] Luke xxiii. 5. - -[87] Luke xiii. 32. - -[88] Luke xxiii. 8. - -[89] Josephus, "Ant.," XVIII. 7, 1, 2. - -[90] Luke xxiii. 9. - -[91] Luke xxxii. 10. - -[92] Luke xxiii. 11. - -[93] Tacitus, "Hist.," II. 89. - -[94] Luke xxiii. 12. - -[95] Luke xxiii. 13-16. - -[96] Luke xxiii. 17. - -[97] Livy v. 13: "Vinctis quoque demptu vincula." - -[98] Matt. xxvii. 16-18. - -[99] Matt. xxvii. 20-22. - -[100] Vie, par. 131. - -[101] Luke xxvii. 19. - -[102] John xix. 7. - -[103] John xix. 9. - -[104] John xix. 15. - -[105] John xix. 15. - -[106] John xix. 12. - -[107] Matt. xxvii. 24. - -[108] Matt. xxvii. 26-31. - -[109] Keim, "Jesus of Nazara," vol. vi. p. 87. - -[110] Geikie, "The Life and Words of Christ," vol. ii. p. 533. - -[111] Geikie, "The Life and Words of Christ," vol. ii. p. 532. - -[112] Acts xxiv.; xxv. II; xxvi. 32. - -[113] Matt. xxvii. 11. - -[114] Mark xv. 2. - -[115] Luke xxiii. 3. - -[116] John xviii. 37. - -[117] Luke xxiii. 4-16. - -[118] Luke xxiii. 23, 24. - -[119] "Liberty, Equality, Fraternity," p. 87. - -[120] "Liberty, Equality, Fraternity," pp. 93-95. - -[121] L. 12, Cod. De poenis, ix. 47: "Vanę voces populi non sunt -audiendę, nec enim vocibus eorum credi oportet quando aut noxium crimine -absolvi aut innocentem condemnari desiderant." - -[122] John xix. 10. - -[123] Dr. Smith's "History of Greece," Chap. XXXV. p. 418. - -[124] 1 Tim. iii. 16. - -[125] See Dict. Philos. Art. "Religion." - -[126] "Emile." - -[127] "Sartor Resartus," 137, 140. - -[128] "Herzog's Encyc." vol. v. 751. Art. "Herder." - -[129] "Vergängl. u. Bleibendes im Christenthum," 132. - -[130] "Études d'Hist. Rel.," pp. 213, 214. - -[131] "Jesus of Nazara," vol. vi. pp. 430, 431. - -[132] Montholon, "Récit de la Captivité de l'Emp. Napoleon." - -[133] Bertrand's "Memoirs," Paris, 1844. - -[134] "Je meurs dans la religion catholique, apostolique et romaine, -dans le sein de laquelle je suis né, il y a plus de cinquante ans." - -[135] Döllinger, "The Gentile and the Jew," vol ii. p. 29. - -[136] "Preparation of the World for Christ," pp. 380, 381. - -[137] Suetonius, "Cęsar Augustus," Chap. XCV. - -[138] Matt. i. 20. - -[139] Matt. ii. 13. - -[140] Suetonius, "Cęsar Augustus," Chap. XCIV. - -[141] Suetonius, "Cęsar Augustus," Chap. XCII. - -[142] Döllinger, "The Gentile and the Jew," vol. ii. p. 185. - -[143] Liv. xl. 59. - -[144] Ap. Aug. C.D. VI. 2. - -[145] Döllinger, vol. ii. p. 183. - -[146] Suetonius, "Caligula," Chap. V. - -[147] Mabillon, "Iter. Ital." p. 77. - -[148] Pausanias, ix. 17. 1. - -[149] De Superst. 6. - -[150] M. Dic, quęso, num te illa terrent? Triceps apud inferos Cerberus? -Cocyti fremitus? travectio Acherontis? - - "Mento summam aquam attingens enectus siti, - Tantalus, tum illud quod, - Sisiphus versat - Saxum sudans nitendo neque proficit hilum," - -fortasse etiam inexorabiles judices Minor et Rhadamanthus? apud quos nec -te L. Crassus defendet, nec M. Antonius; nec, quoniam apud Gręcos -judices res agetur, poteris adhibere Demosthenen; tibi ipsi pro te erit -maxima corona causa dicenda. Hęc fortasse metuis, et idcirco mortem -censes esse sempiternum malum. A. Adeone me delirare censes, ut ista -esse credam? M. An tu hęc non credis? A. Minime vero. M. Male hercule -narras. A. Cur, quęso. M. Quia disertus esse possem, si contra ista -dicerem. - -[151] Sallust, "Bellum Catilinarium, 50." - -[152] Renan, "Les Apōtres." - -[153] "Hamlet," Act III, Scene i. - -[154] Döllinger, vol. ii. pp. 175-79. - -[155] Dion. ii. 25. - -[156] Döllinger, vol. ii. pp. 267-69. - -[157] Suetonius, "Julius Cęsar," l-li. - -[158] Xen. de Rep. Lac. i. 8. - -[159] "Polyb. Fragm." in Scr. Vet. Nov. Coll. ed. Mav. ii. 384. - -[160] Döllinger, vol. ii. p. 249. - -[161] "Xen. Mem. Socr." iii. 13. - -[162] Plutarch, "Life of Lucullus." - -[163] Fisher, "The Beginnings of Christianity," p. 205. - -[164] "Encyc. Brit." vol. iii. p. 436. - -[165] Plutarch, "Life of Cato." - -[166] Cicero, "Pro Cluent." 66. - -[167] Tacitus, "Annals," 42-44. - -[168] De Pressensé, "The Religions Before Christ," p. 158. - -[169] Milman's "Gibbon's Rome," vol. i. p. 51. - -[170] Suetonius, "Caligula," Chap. V. - -[171] Fisher, "The Beginnings of Christianity," p. 213. - -[172] Pliny, Ep. X. 38. - -[173] Suetonius, "Julius Cęsar," Chap. XLIX. - -[174] Döllinger, vol. ii. pp. 253, 254. - -[175] Döllinger, vol. ii. pp. 205, 206. - -[176] Döllinger, vol. ii. p. 207. - -[177] Döllinger, vol. ii. p. 208. - -[178] Livy, b. xxxix. Chaps. VII.-XX. - -[179] "----non possum ferre, Quirites, Gręcam urbem." (Sat. III.) - -[180] Romans i. 29-31. - -[181] Döllinger, vol ii. pp. 155, 156. - -[182] Matthew Arnold's Poems--"Obermann Once More." - -[183] Cicero, "De Fin." v. pp. 24, 69. - -[184] Eclogue IV. - -[185] Matt. ii. 4; xxi. 15; xxvi. 3, 47, 59; Mark xi. 18; xv. 11; Luke -xix. 47; xx. 1; John xi. 47; xii. 20. - -[186] Dérembourg, "Essai sur l'histoire et la géographie de la -Palestine," p. 231, note 1. - -[187] Josephus, "Ant.," Book XX. Chap. X. 1; XV. III. 1. - -[188] Josephus, "Ant." Book XV. Chap. III. 1. - -[189] Josephus, "Ant.," Book XVIII. Chap. II. 3; Book XX. Chap. IX, 1, -4. - -[190] See "Talmud," "Yoma," or "the Day of Atonement," fol. 35, recto; -also Dérembourg, work above quoted, p. 230, note 2. - -[191] "Essai sur l'histoire et la géographie de la Palestine," p. 232. - -[192] Jos., "Ant.," XX. VIII. 8. - -[193] "Talmud," "Pesachim," or "of the Passover," fol. 57, verso. - -[194] The high priests designated under the name of the descendants of -Eli are those who, as sons of the high priest Eli, polluted the Temple -by their immorality. (See 1 Kings iii. 22-25.) - -[195] This Issachar was a priest of such a dainty nature that in order -to touch the sacrifices he covered his hands with silk. ("Talmud," -"Pesachim," or "of the Passover," fol. 57, verso.) - -[196] Rabbi Nathan, son of Rabbi Yechiel, was the disciple of the -celebrated Moses, the preacher and first rabbi of the synagogue at Rome -in the ninth century. His work forms a large folio volume, and contains -some minute explanations of the most difficult passages in the "Talmud." - -[197] I. e., lord. - -[198] "Talmud," Jerus., "Horayoth," or "Regulations of Justice," fol. -84. recto. - -[199] "Talmud," Jerus., "Shevuoth," or "of Oaths," fol. 19, verso. - -[200] "Tanchumah," or "Book of Consolation," fol. 68, recto. - -[201] "Tanchumah," or "Book of Consolation," fol. 68, recto. - -[202] "Tanchumah," or "Book of Consolation," fol. 68, recto, and -"Sanhedrin," fol. 110, verso. - -[203] "Talmud," "Shabbath," or "of the Sabbath," fol. 119, recto. - -[204] Luke xx. 46; Matt. xxiii. 5-7; Mark xii. 38, 39. - -[205] Some remarkable pages respecting the pride of the Jewish scribes -and doctors may be found in Bossuet's "Meditations on the Gospel." - -[206] Jos., "Ant.," XVIII. I. 4. - -[207] Jos., "Ant.," XVIII. I. 4. - -[208] Munk, "Palestine," p. 515. - -[209] Psalms. - -[210] Acts xxiii. 6. - -[211] Matt. vi. 2, 5, 16; ix. 11, 14; xii. 2; xxiii. 5, 15, 23; Luke v. -30; vi. 2, 7; xi. 39, etc.; xviii. 12; John ix. 16; "Perkeh Avoth," or -"Sentences of the Fathers," I. 16; Jos., "Ant.," XVII. II. 4; XVIII. I. -3; "Vita," 38; "Talmud," Bab., "Sotah," fol. 22, recto. - -[212] "From that time forth began Jesus to show unto his disciples, how -that he must go unto Jerusalem, and suffer many things of the elders and -chief priests and scribes." (Matt. xvi. 21.) - -[213] "The Credibility of the Gospel History," in the chapter on -"Testimonies of Ancient Heathens," vol. vi. p. 605 _et seq._ - -[214] "Origin of the Four Gospels," pp. 141-50. - - - - -BIBLIOGRAPHY - - - MAIN AUTHORITIES - - THE BIBLE. English Authorized Version of 1611. - - THE TALMUD. Babylonian Recension, translated into English by Michael - L. Rodkinson. New Talmud Publishing Company, New York, - 1896. - - THE MISHNA. 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Six volumes. - The Jewish Publication Society of America, Philadelphia, - 1891. - - GREENLEAF. The Testimony of the Evangelists, by Simon Greenleaf. - Soney & Sage, Newark, N. J., 1903. - - GREENIDGE. The Legal Procedure of Cicero's Time, by A. H. J. - Greenidge. Stevens & Sons, London, 1901. - - HARNACK. Reden und Aufsätze, von Adolf Harnack. J. Ricker'sche - Verlagsbuchhandlung, Giessen, 1904. - - HIGGINS. Anacalypsis: An Enquiry into the Origin of Languages, - Nations and Religions, by Godfrey Higgins. Longman, - Brown & Longman, London, 1827. - - HODGE. Systematic Theology, by Charles Hodge. Charles - Scribner's Sons, New York, 1892. - - INNES. The Trial of Jesus Christ, by A. Taylor Innes. T. & T. - Clark, Edinburgh, 1905. - - JOSEPHUS. The Works of Flavius Josephus, Whiston's Translation. - - JOST. Geschichte des Judenthums, von I. M. Jost. Dörffling - und Francke, Leipzig, 1857. - - JUVENAL. The Satires of Juvenal. George Bell & Sons, London, - 1904. - - KEIM. Jesus of Nazara, by Theodor Keim. Six volumes. Williams - & Norgate, London, 1883. - - LARDNER. Works of Nathaniel Lardner. Ten volumes. William Ball, - London, 1838. - - LÉMANN. Valeur de l'assemblée qui prononēa la peine de mort - contre Jésus-Christ, par MM. Lémann. Translated from - the French into English under the title "Jesus Before - the Sanhedrin," by Prof. Julius Magath, of Oxford, Ga., - in 1899. - - LIVY. The History of Rome, by Titus Livius. George Bell & - Sons, London, 1906. - - LOISY. Les Évangiles Synoptiques, par Alfred Loisy. Librairie - Fishbacher, Paris, 1907. - - MENDELSOHN. The Criminal Jurisprudence of the Ancient Hebrews, by - S. Mendelsohn. M. Curlander, Baltimore, 1891. - - MOMMSEN. The Provinces of the Roman Empire, by Theodor Mommsen. - Two volumes. Charles Scribner's Sons, New York, 1899. - - MONTESQUIEU. De l'Esprit Des Lois, par Montesquieu. Garnier Frčres, - Paris, 1905. - - PALEY. Evidences of Christianity, by William Paley. The - Religious Tract Society, London, 1794. - - RABBINOWICZ. Législation Criminelle du Talmud, par I. J. M. - Rabbinowicz. Chez l'auteur, Paris, 1876. - - RENAN. Histoire des origines du christianisme, par Joseph - Ernest Renan. Paris, 1863. Livres 1-6: 1. Vie de Jésus. - 2. Les apōtres. 3. Saint Paul. 4. L'Antichrist. 5. Les - évangiles et la seconde génération chrétienne. - 6. L'église chrétienne. - - ROSADI. The Trial of Jesus by Giovanni Rosadi. - Dodd, Mead & Company, New York, 1905. - - SALVADOR. Histoire des Institutions de Moļse, par J. Salvador. - Michel Lévy-Frčres, Paris, 1862. - - SCHÜRER. The Jewish People in the Time of Jesus Christ, by Emil - Schürer. Charles Scribner's Sons, New York, 1906. - - STEPHEN. Liberty, Equality, Fraternity, by James Fitzjames - Stephen. Henry Holt & Company, New York, 1873. - - SUETONIUS. The Lives of the Twelve Cęsars, by C. Suetonius - Tranquillus. George Bell & Sons, London, 1906. - - TACITUS. The Works of Tacitus. American Book Company, New York, - 1904. - - WISE. The Martyrdom of Jesus, by Isaac M. Wise. The Bloch - Publishing and Printing Company, Cincinnati & Chicago, - 1888. - - -In addition to the above, many other authorities have been consulted in -the preparation of the two volumes of this work. Quotations from them -are frequently found in the text, and citations are given in the notes. -The author, in closing the article, entitled "Bibliography," wishes to -express his sense of great indebtedness and appreciation to the numerous -very valuable encyclopedias that adorn the shelves of the various -libraries of New York City; and especially to The Jewish Encyclopedia, -published by Funk & Wagnalls, New York and London, 1901. - - - - -INDEX - - - A - - Abarbanel, Isaac, on the Sanhedrin, I, 106 - - Ab-beth-din, vice-president of the Sanhedrin, I, 112 - - Abbott, Lyman, on the scribes of the Sanhedrin, I, 158 - - Acts of Pilate, the Apocryphal, - modern criticism of, II, 327 - discovery of, II, 327 - Lardner on the authenticity of, II, 328 _seq._ - Tischendorf on the authenticity of, II, 345 _seq._ - antiquity of, II, 351 - text of, II, 351 _seq._ - - Ębutius, Publius, part of, in the exposure of Bacchanalian orgies, II, - 271 _seq._ - - Ędile, Roman, judicial powers of, II, 36 - - Ęsculapius, Gręco-Roman divinity, II, 198 - - Akiba, Jewish rabbi, Mishna systematized by, I, 79 - - Albanus, Roman governor, his deposition of Albanus, II, 296 - - Alcmene, myth of Zeus and, II, 265 - - Alexander, Jewish Alabarch, biographical note on, II, 299 - - Alexander III, pope, genuineness of "true cross" attested by bull of, - II, 63 - - Alexandrian MS. of the Bible, I, 67 - - Ananias ben Nebedeus, Jewish priest, - biographical note on, II, 299 - family of, cursed in Talmud, II, 302 - - Ananos. See Annas - - Ananus, son of Annas, Jewish high priest, biographical note on, II, 296 - - Anathemas, Jewish, against the Christians, II, 307, 308 - - Anaxagoras, Greek philosopher, - on the deification of natural forces, II, 225 - his exposure of the divination of Lampon, II, 226 - - Annanias, author of "Acts of Pilate," II, 351 - - Annas (Ananos), Jewish high priest, - examination of Christ before, I, 238-247 - deposition of, by Gratus, I, 244; II, 20 - Christ examined in house of, I, 256 - biographical note on, II, 295 - legendary examination of Joseph of Arimathea, II, 374, 376 - - Antecedent Warning, peculiar provision of Hebrew Criminal Law - regarding, I, 147-152 - - Antistius, L., Roman tribune, impeachment of Julius Cęsar by, II, 46 - - Antoninus Pius, Roman emperor, persecution of Christians by, II, 78 - - Aphrodisia, rites of, II, 265 - - Aphrodite, Greek divinity, patroness of prostitutes, II, 265 - - Aquillius, Manlius, Roman governor, trial of, before the Comitia, II, 40 - - Antonius, Marcus, Roman advocate, defense of, of Manlius Aquillius, II, - 40 - - Aristotle, Greek philosopher, on the licentiousness of Sparta, II, 241 - - Arnold, Matthew, on despair of Roman people, II, 286 - - Arnobius, Numidian writer, - on the familiar treatment of Roman gods, II, 218 - on the lewdness of the Roman drama, II, 267 - - Art, effect of, in corruption of Roman and Greek morals, II, 268 - - Aspasia, mistress of Pericles, II, 242 - - Athens, domestic licentiousness of, II, 240, 241 - - Athronges, Jewish peasant, revolt of, II, 110 - - Atticus, Numerius, Roman senator, attests ascent of Augustus to heaven, - II, 234 - - Atys, myth of, represented on Greek and Roman stage, II, 267 - - Augurs, - Roman priests, II, 204 - spectators at licentious dramas, II, 267 - - Augury, modes of, II, 211 - - Augustus Cęsar, Roman emperor, - reign and policy of, II, 25, 26 - care of profligate daughter Julia, II, 83 - belief of, in omens, II, 215 - his chastisement of Neptune, II, 222 - deification of, II, 233 - - Aurelius Antoninus, Marcus, Roman emperor and philosopher, - persecution of Christianity by, II, 78 - adoration of Serapis by, II, 217 - on suicide, II, 232 - - - B - - Bacchanalian orgies, Livy's account of, II, 270-283 - - Bacchus, Roman deity, licentious festivals of, II, 265 - - Barabbas (Bar Abbas) released by Pilate, II, 131, 138, 363 - - Baring-Gould, S., on the symbolism of the Cross, II, 66 - - Baths, Roman, splendor of, II, 247 - - Beheading of criminals under Hebrew Law, I, 91, 99 - - Benny, - on the Talmud, I, 75 - on internment in Jewish Cities of Refuge, I, 98, 99 - - Bernhardt, Sarah, insulted in Quebec, II, 182 - - Bernice (Berenice), Jewish queen, a suppliant before Florus, II, 100 - - Bible, - the manuscripts of, I, 67 - purity of text of, I, 69 - anthropomorphism of, I, 336-338 - influence of, II, 4, 5 - "Birchath Hamminim" Jewish imprecation against Christians, II, 308 - - Blasphemy, - discussion of charge against Christ of, I, 193-209 - Hebrew definition of, I, 199-201 - classification of, I, 203 - - Boethus, family of, cursed in Talmud, II, 301. See also Simon - - Bossuet, Jacques B., French divine, on the citizenship of Christ, II, - 108 - - Brothels, Roman, dedication of, to Venus, II, 265 - - Burning of criminals under Hebrew Law, I, 92, 99 - - - C - - Cęsar, Caius Julius, - 10th legion cowed by, II, 169 - superstition of, II, 205 - disbelief of, in immortality, II, 229 - deification of, II, 233 - divorces of, II, 238 - profligacy of, II, 238, 239 - unnatural practices attributed to, II, 263 - - Caiaphas, Jewish high priest, - accusation of, against Christ, before Sanhedrin, I, 190 - erratic conduct of, at trial of Christ, I, 290 - rōle of, in trial of Jesus before Pilate, II, 101 - biographical note on, II, 295 - legendary examination of Joseph of Arimathea by, II, 374, 376 - - Caligula, Roman emperor, - deifies his sister Drusilla, II, 234 - depravity of, II, 234 - - Cantharus, family of, cursed in Talmud, II, 301 - - Capital Crimes under Hebrew Criminal Law, classification and - punishments of, I, 91-101 - - Carlyle, Thomas, on the life of Christ, II, 187 - - Cassius, Dion, on the labeling of Roman criminals, I, 57 - - Cato, Marcus Porcius, - contempt of, for the haruspices, II, 228 - suicide of, II, 232 - divorces of, II, 237 - contempt of, for Lucullus, II, 246 - merciless treatment of slaves, II, 251 - - Catulus, Quintus, dream of, presaging accession of Augustus, II, 214 - - Chanania, Jewish scribe, biographical note on, II, 314 - - Chanania ben Chiskia, Jewish scribe, biographical note on, II, 309 - - Charles IX, king of France, bloody sweat of, I, 59, 60 - - Christianity, conflict of, with Roman paganism, I, 16; II, 76-79 - - Chrysostom, St. John, on the legendary desire of Tiberius to deify - Christ, II, 344 - - Cicero, Marcus Tullius, - dream of, presaging accession of Augustus, II, 215 - on Roman superstition, II, 221 - on Roman skepticism, II, 227 - his divorce of his wife, II, 237 - witticism of, upon Cęsar's gallantries, II, 239 - - Cities of Refuge, Jewish, internment in, I, 96-99 - - Claudia, granddaughter of Augustus, - marriage of, to Pilate, II, 82 - dream of, regarding Jesus, II, 133, 355 - - Claudius, Roman commander, throws sacred pullets into the sea, II, 222 - - Clement V, pope, and the Talmud, I, 88, 89 - - Coliseum, the, description of, II, 260 - - Comitia Centuriata, - public criminal trials in, II, 37-43 - miscarriage of justice in, II, 38-42 - - Commodus, Roman emperor, deification of, II, 234 - - Consul, Roman, judicial powers of, II, 36 - - Coke, Sir Edward, contrast between Pilate and, II, 170-172 - - Cornelius, son of Ceron, the elder, biographical note on, II, 321 - - Cross, Roman instrument of death, - erroneous representations of, II, 56 - forms of, II, 62 - use of, by various races as religious symbol, II, 64-67 - - "Cross, the True," legends of, II, 62, 63 - - Crucifixion, - Plutarch on, I, 56 - history of, II, 54, 55 - mode of, II, 55 - pathology of, II, 58, 59 - Roman citizens exempt from, II, 54 - of Jesus, II, 365 - - Cybele, Roman deity, importation of, from Phrygia, II, 199 - - - D - - Deification of Roman emperors, ceremony of, II, 234 - - Dembowski, Bishop, and the Talmud, I, 88 - - Demosthenes, on the women of Athens, II, 242 - - Dérembourg, Joseph, on the Jewish priestly families, II, 294 - - Deutsch, Emanuel, - on the Talmud, I, 74, 80 - on the existence of the Great Sanhedrin at the time of Christ, I, - 179, 181 - - Diocletian, Roman emperor, deification of, II, 233 - - Divination, Roman modes of, II, 211 - - Divorce, - among the Romans, II, 236-239 - trivial pretexts for, II, 237, 238 - - Döllinger, - on the Roman view of Christianity and high treason, II, 77 - on divorce, and the profligacy of Roman matrons, II, 236 - on the effect of art in corrupting Greek and Roman manners, II, 268 - - Domitian, Roman emperor, self-deification of, II, 235 - - Doras, Jewish elder, biographical note on, II, 321 - - Dorotheas, son of Nathanael, Jewish elder, biographical note on, II, - 321 - - Drama, the, licentiousness of, among Greeks and Romans, II, 266 - - Dreams, interpretation of, among Romans and Greeks, II, 213, 214 - - Druidism, annihilation of, II, 73 - - Drusilla, deified by Caligula, II, 234 - - Dysmas, legendary name of one of the thieves crucified with Jesus, II, - 364 - - - E - - Edersheim, Alfred, on the existence of the Great Sanhedrin at the time - of Christ, I, 177 - - Elders, Jewish chamber of. See Sanhedrin - - Eleazar ben Partah, Jewish scribe, biographical note on, II, 314 - - Eleazar, son of Annas, Jewish high priest, biographical note on, II, - 295 - - Eleazar, son of Simon Boethus, Jewish high priest, biographical note - on, II, 297 - - Eliezer, Jewish rabbi, Mishna amplified by, I, 79 - - Ellicott, Dr., on the character of Pilate, II, 91 - - Epicurus, Greek philosopher, II, 229 - - Epicureanism, degradation of, among Romans, II, 230 - - Epitaphs, irreligious Roman, II, 222, 285 - - Epulos, Roman priests, II, 204 - - Etruria, importation of haruspices from, II, 210 - - Eusebius, reference of, to the "Acts of Pilate," II, 329, 333, 344 - - Evhemere, on the Greek gods, II, 225 - - Evangelists, - honesty of, I, 12 - character of, I, 13, 14 - motives of, I, 15 - ability of, I, 18 - candor of, I, 20-24 - discrepancies of, I, 29-33 - corroborative elements of narrative of, I, 34-39 - impossibility of collusion among, I, 38 - conformity of narrative of, with human experience, I, 39 - coincidence of testimony of, with collateral circumstances, I, 52-67 - narrative of, confirmed by profane historians, I, 56, 57 - - Evidence, rules of, under Hebrew Law, I, 144, 145 - - - F - - False swearing under Hebrew Criminal Law, I, 93 - - Fathers, Church, writings of the, I, 68 - - Fecenia, Hispala, part of, in exposure of Bacchanalian orgies, II, - 271 _seq._ - - Felix, Minucius, Christian father, controversy of, with pagans on - adoration of the cross, II, 64 - - Flagellation, under Hebrew Criminal, I, 94 - - Flamens, - Roman priests, II, 204 - spectators at licentious dramas, II, 267 - - - G - - Gallio, pro-consul of Achaia, attitude of, toward Jewish clamors, II, - 107 - - Gamaliel, Jewish rabbi, biographical note on, II, 304 - - Ganymede, depraving influence of myth of rape of, II, 262 - - Gavazzi, Alessandro, sermons of, in Coliseum, II, 262 - - Geib, on the status of Judea, II, 16 on the courts of the Roman - Provinces, II, 32 - - Geikie, Cunningham, - on the non-existence of the Sanhedrin at the time of Christ, I, 181 - on the character of the trial of Jesus before Sanhedrin, I, 184 - - Gemara, - the Jerusalem and Babylonian recensions of, I, 81 - relation of, to Mishna, I, 83. See also Talmud and Mishna - - Germanicus, - Cęsar temples profaned on death of, II, 222 - exposure of children born on day of death of, II, 254 - - Gestas, legendary name of one of thieves crucified with Jesus, II, 364 - - Golden House of Nero, II, 246 - - Gibbon, Edward, - on the jurisdiction of the great Sanhedrin, I, 120 - on the laws of the Twelve Tables, II, 53 - on the extent of the Roman Empire, II, 196 - - Gladiatorial games, - origin of, II, 256 - gigantic scale of, in Rome, II, 256, 257 - conduct of, II, 258 - - Gospels, the, admissibility of, as legal evidence, I, 5-12 - - Governors, Roman, - powers of, II, 24, 27, 28, 29 - forbidden to take wives to their provinces, II, 84, 85 - - Graetz, Heinrich, on the existence of the Sanhedrin at the time of - Christ, I, 181 - - Greeks, - superstition of, II, 223 - philosophy of, II, 229 - depraving effect on Romans of art, literature, and manners of, II, - 240-244, 268, 284 - Bacchanalian orgies introduced by, II, 270 - invective of Juvenal against, II, 284 - - Greenidge, on the interpretation of native law by Roman proprętors, II, - 31 - - Greenleaf, Simon, American jurist, - on the admissibility of the Scriptures as legal evidence, I, 6-9 - on the testimony of the Evangelists, I, 10, 11 - on the legal justice of the conviction of Christ for blasphemy, I, - 209 - - - H - - Hacksab ben Tzitzith, Jewish elder, biographical note on, II, 320 - - "Hall of Hewn Stones," sessions of Sanhedrin in, I, 117 - - Haruspices, Roman, account of, II, 210 - - Helcias, Jewish treasurer, biographical note on, II, 300 - - Helena, Empress, legendary discovery of "true cross" by, II, 62 - - Hercules, Greek divinity, burning of, represented on Greek and Roman - stage, II, 267 - - Herder, Johann, on the character of Christ, II, 187 - - Herod Antipas, - character of, II, 120 - his treatment of Jesus, II, 122-127 - - Herod I, the Great, - last will of, II, 119, 120 - arbitrary changes of, in high priesthood, II, 293 - - Hetairai, status of, in Athens, II, 242, 243 - - High priest, Jewish, - vestments of, I, 158 - abuses in appointment of, II, 293 - - Hillel, Jewish doctor, inspiration of, I, 84 - - Hillel, School of, - and the Mishna, I, 79 - dissensions of, with School of Shammai, II, 309 - - Homer, the bible of the Greeks, II, 264 - - Honorius IV, pope, and the Talmud, I, 87 - - Horatius, trial of, before the Comitia Centuriata, II, 40 - - - I - - Ignatius, St., martyrdom of, in Coliseum, II, 261 - - Impalement, death by, II, 61 - - Infanticide, among Romans, II, 254 - - Inkerman, story of soldier killed at battle of, II, 191 - - Innes, - on the trials of Jesus before the Sanhedrin, I, 185; II, 10 - on the cowardice of Pilate, II, 138 - - Interpreters, not allowed in Jewish courts, I, 107 - - Imprisonment. See Law, Hebrew Criminal, I, 93 - - Ishmael, Jewish rabbi, and the Mishna, I, 79 - - Ismael ben Eliza, Jewish scribe, biographical note on, II, 309 - - Ismael ben Phabi, Jewish high priest, - biographical note on, II, 298 - family of, cursed in Talmud, II, 301 - - Isis, Egyptian deity, - rites of, established in Rome, II, 217 - Roman temples of, a resort of vice, II, 269 - - Issachar ben Keifar Barchi, Jewish priest, cursed in Talmud, II, 302 - - - J - - James, brother of Jesus, condemnation of, by Ananus, II, 296 - - Janus, Roman god, invocations of, II, 207 - - Jehovah, appearances of, in human form, I, 343-349 - - Jerome, St., on the Jewish anathema against Christians, II, 308 - - Jesus, the Christ, - human perfection of, I, 14; II, 186 - scourging of, I, 56, 57 - breaking of legs of, by soldiers, I, 57 - bloody sweat of, I, 59, 60 - physical cause of death of, I, 61, 62 - watery issue of, I, 60-62 - devotion of women to, I, 66 - resurrection of, I, 211; II, 368 - divinity of, I, 211, 212 - celebrates the Paschal feast, I, 220-224 - at Gethsemane, I, 224-226 - arrest of, I, 225 - private examination of, before high priest, I, 238-247 - charged with sedition and blasphemy I, 250 - annnounces his Messiahship before Sanhedrin, I, 273, 274 - Messianic prophecies fulfilled in Him, I, 323-328, 341, 342 - miracles of, I, 350-355 - at morning session of Sanhedrin, I, 356-362 - condemned to death by Sanhedrin, I, 365 - His teachings treasonable under Roman law, II, 72 - before Pilate, II, 96 _seq._ - charged with high treason before Pilate, II, 106, 352 - indictment of, before Pilate, II, 107-109 - acquitted by Pilate, II, 116 - sent by Pilate to Herod, II, 118 - before Herod, II, 119 _seq._ - mocked, and sent back to Pilate by Herod, II, 127 - second appearance of, before Pilate, II, 129 _seq._ - delivered to Jews by Pilate, II, 138 - mocked by mob, II, 139 - tributes of skeptics to, II, 187 - Napoleon's tribute to, II, 189, 190 - charged by Jews with illegitimacy, II, 356 - crucifixion of, II, 365 - See also trial of Jesus, Hebrew, and trial of Jesus, Roman - - Jesus ben Sie, Jewish high priest, biographical note on, II, 298 - - Jews, the political state of, - at time of Jesus, II, 11-23 - discussion of their responsibility for Christ's death, II, 174-180 - prejudices against, II, 180-187 - distinguished, II, 185, 186 - - Joazar, Jewish high priest, biographical note on, II, 296 - - Jochanan ben Zakai, Jewish scribe, biographical note on, II, 311 - - John, St., - at the sepulcher, I, 37 - at the crucifixion of Christ, I, 65 - - John, St., Gospel of, style of, I, 19 - - John, Jewish priest, biographical note on, II, 299 - - Jonathan, son of Annas, Jewish high priest, biographical note on, II, - 295 - - Jonathan ben Uziel, Jewish scribe, biographical note on, II, 306 - - John, son of John, Jewish elder, biographical note on, II, 321 - - Joseph of Arimathea, - presence of, at trials of Christ, I, 282-286, 364 - biographical note on, II, 318 - receives body of Jesus from Pilate, II, 366 - apocryphal account of escape of, from Jews, II, 367, 373-376 - - Josephus, Flavius, - on the character of Pilate, I, 21 - on scourging I, 56 - on the Pharisees, I, 87 - on the existence of the great Sanhedrin at time of Christ, I, 176 - on the loss, by Jews, of power of life and death, II, 19 - on the rapacity of the high priests, II, 301 - - Jowett, Benjamin, upon the corruption of Rome, II, 240 - - Judah, the Holy, Jewish rabbi, and the composition of the Mishna, I, 79, - 80 - - Judas, son of Hezekiah, Jewish rebel, put to death by Herod, II, 109 - - Judas Iscariot, his betrayal of Christ, I, 227-235 - - Julia, daughter of Augustus, - profligacy of, II, 82 - marriages of, II, 83 - - Julian, Roman emperor, his defiance of Mars, II, 222 - - Juno, Roman divinity, sacrifices to, II, 208 - - Jupiter, Roman deity, - multitudinous forms of, II, 203 - sacrifices to, II, 208 - - Justin Martyr, reference of, to "Acts of Pilate," II, 331, 346, 348 - - Juvenal, Satires of, on Roman social depravity, II, 240, 244, 248 - - - K - - Keim, Theodor, - on the existence of the Great Sanhedrin at the time of Christ, I, - 178 - on the character of Christ, II, 188, 189 - - Knight, R. P., on the symbolism of the Cross, II, 65 - - Koran, the, I, 77 - - - L - - Lamartine, Alphonse, on the death of Christ, II, 3 - - Lampon, Greek diviner, exposed by Anaxagoras, II, 226 - - Lardner, on the authenticity of the "Acts of Pilate," II, 328 _seq._ - - Law, Hebrew Criminal, - administration of, I, 153, 154 - basis of, I, 73, 84, 85 - burial of bodies after execution under, I, 101, 171 - capital punishments under, I, 91-93, 99-101 - circumstantial evidence under, I, 144 - Cities of Refuge under, I, 96 - courts and judges, I, 102-126 - execution under, I, 170, 171 - false swearing under, I, 93 - flagellation under, I, 94 - imprisonment under, I, 93 - peculiarities of, I, 125, 132, 147, 167, 168 - slavery under, I, 95 - tenderness of, for human life, I, 154, 155, 310 - testimony under, I, 144-147 - witnesses under, I, 127-144 - written and documentary evidence irrelevant, I, 133, 145 - - Laws, Roman, - lex Appuleia, II, 69 - Cornelia, II, 69 - Julia Majestatis, II, 69, 80 - Memmia, II, 46 - Porcia, II, 54 - Remmia, II, 49 - Talionis, II, 53 - Valeria, II, 37, 54 - Varia, II, 69 - - Lazarus, raising of, from the dead, I, 352 - - Lectisternia, Roman banquets to the gods, - slaves released at, II, 130 - indecencies of, II, 218 - - Lémann, extract from work of, on Sanhedrin, II, 291 - - Lepidus, Marcus, Roman patrician, magnificence of, II, 246 - - Livy, - on scourging, I, 57 - account of Bacchanalian orgies, II, 270-283 - - Longinus, legendary name of soldier who pierced Christ, II, 379 - - Lucullus, Roman patrician, luxury of, II, 244 - - Luke, St., occupation of, I, 19 - - Luke, St., Gospel of, style of, I, 19 - - Lupercals, Roman priests, II, 204 - - Luxury of the Romans, II, 244 - - Lycurgus, code of, II, 241 - - - M - - Macarius, identification of "true cross" by, II, 63 - - Macaulay, Lord, speech of, on Jewish disabilities, II, 184 - - Mahomet, character of, I, 14 - - Malchus, ear of, cut off by Peter, I, 36, 226 - - Magath, Julius, extract from work of, II, 291 - - Maimonides, - on Hebrew Capital Crimes, I, 91 - on the prohibition of nocturnal trials, I, 255, 256 - - Manlius, Marcus, trial of, before the Comitia Centuriata, II, 40 - - Marius, Caius, assassin cowed by, I, 62 - - Mark, St., Jesus arrested at home of, I, 220 - - Marriage, - among the Romans, II, 236 - among the Greeks, II, 240-243 - - Marcius, Quintus, Roman consul, motion of, on the suppression of the - Bacchanalian orgies, II, 282 - - Mars, Roman deity, II, 208 - - Messiah, the, - prophecies regarding, and their fulfillment in Jesus, I, 322-328 - varying expectations of Jews regarding, I, 319-322; II, 110 - conception of Pharisees of, II, 324 - conception of Sadducees of, II, 325 - - Matthew, St., occupation of, I, 19 - - Matthias, son of Annas, Jewish high priest, biographical note on, II, - 296 - - Mendelssohn, on the Talmud, I, 75 - - Messalina, Roman empress, lewdness of, II, 244 - - Messalinus, Cotta, prosecuted for treason, II, 70 - - Metrodorus on the Greek gods, II, 226 - - Mezeray, de, on the bloody sweat of Charles IX, I, 60 - - Minerva, Roman deity, II, 208 - - Miracles, - probability of, I, 40-51 - Spinoza on, I, 40-43 - Renan on, I, 44 - of Christ, I, 351-354 - - Mishna, the, - E. Deutsch on, I, 80 - subdivisions of, I, 80 - relation of Talmud to, I, 83 - traditional view of, I, 84 - on capital and pecuniary cases, I, 155, 156. See also Gemara and - Talmud. - - Mommsen, Theodor, - on the jurisdiction of native courts of Roman subject peoples, II, - 15 - on Roman marital looseness, II, 243 - on Roman extravagance, II, 247 - - Montefiore, Sir Moses, anecdote of, II, 180 - - Mosaic Code, the, a basis of Hebrew Criminal Law, I, 73, 84, 85 - - Müller, Johannes, explodes legend of Pilate and Lake Lucerne, II, 95 - - - N - - Nachum Halbalar, Jewish scribe, biographical note on, II, 314 - - Nęvius, Marcus, accusation of Scipio Africanus by, II, 41 - - Napoleon I, - fickleness of populace toward, I, 63, 64 - tribute of, to Jesus, II, 189 - religious faith of, II, 190, 191 - - Nasi, prince of the Sanhedrin, I, 112 - - Nathan, Jewish rabbi, note on, II, 315, note - - Neptune, Roman deity, II, 208 - - Nero, Roman emperor, - deification of, II, 234 - Golden House of, II, 246 - - Ney, Michel, French marshal, compared with St. Peter, I, 64 - - Nicodemus, Jewish elder, - presence of, at trial of Christ, I, 282-286 - defense of Christ before Sanhedrin, I, 305 - presence and conduct of, at second trial of Jesus by Sanhedrin, I, - 364 - biographical note on, II, 319 - apocryphal account of pleading of, for Jesus before Pilate, II, 360 - Gospel of. See "Acts of Pilate" - - Nordau, Max, on Jewish pride in Jesus, II, 188 - - - O - - Oaths, not administered to witnesses, under Jewish law, I, 134 - - Octavian. See Augustus - - Omens, belief of Romans in, II, 215 - - Onkelos, Jewish scribe, biographical note on, II, 305 - - Oracle, Delphic, consulted by Romans, II, 210 - - Osiris, Egyptian deity, the cross a symbol of, II, 66 - - Ovid, Roman poet, on unnatural practices in temples, II, 269 - - - P - - Paganism, Gręco-Roman, - conflict of, with Christianity, I, 16; II, 76-79 - Hellenization of Roman religion, II, 199 - importation of foreign gods, II, 200 - origin and multiplicity of Roman gods, II, 198-204 - Roman priesthood, II, 204, 205 - Roman forms of worship, II, 205-209 - perplexity of worshipers regarding deities, II, 207 - prayer, II, 207, 208-210 - augury and divination, II, 210-215 - omens, II, 215, 216 - decay of Roman faith, II, 217-220 - Roman skepticism, II, 220-229 - sacrilege among Romans, II, 221 - disbelief of Romans in immortality, II, 228, 229 - Epicureanism among the Romans, II, 229-231 - stoicism, II, 231-233 - deification of Roman emperors, II, 233-235 - base deities of Romans, II, 265 - effect of religion in Greek and Roman social corruption, II, 269 - - Palace of Herod, description of, II, 96, 97 - - Paley, William, on the discrepancies of the Gospels, I, 32, 33 - - Pan, Gręco-Roman divinity, feasts of, II, 265 - - Paul, St., - on the depravity of Rome, II, 284 - delivery of, to Felix, II, 299 - - Pericles, Greek tyrant, and the divination of Lampon, II, 226 - - Pentateuch, the, a basis of Hebrew jurisprudence, I, 73 - - Permanent Tribunals (quęstiones perpetuę), mode of trials before, at - Rome, II, 43-52 - - Peter, St., - at the sepulcher, I, 37 - compared with Marshal Ney, I, 64 - and Malchus, I, 36, 226 - - Pharisees, - and the Talmud, I, 87 - attitude of, toward the law, I, 338 - dominant in priestly order, II, 302 - their conception of the Messiah, II, 324 - characteristics of, II, 324 - - Philip, St., and the feeding of the five thousand, I, 35 - - Phillips, Wendell, on Hindu swordsmanship, I, 48 - - Philo, Jewish philosopher, on the character of Pilate, I, 21; II, 89-91 - - Phryne, mistress of Praxiteles anecdote of, II, 242 - - Pilate, Pontius, - powers of, as procurator of Judea, II, 27-31 - name and origin of, II, 81, 82 - marriage of, II, 82 - becomes procurator of Judea, II, 84 - provokes the Jews, II, 85 - appropriates funds from Corban, II, 86 - hangs shields in Herod's palace, II, 88 - slays Galileans, II, 88 - character of, I, 21; II, 88 - canonization of, II, 89 - ordered to Rome by Vitellius, II, 92 - legends regarding death of, II, 92-94 - interrogation of Jesus, II, 112-115 - talents of, II, 115 - his opinion of Jesus, II, 115 - acquits Jesus, II, 116 - sends Jesus to Herod, II, 117 - reconciled with Herod, II, 128 - offers to release Barabbas, II, 130 - warned by wife's dream of Jesus, II, 133, 355 - washes his hands of Christ's death, II, 137, 364 - releases Barabbas, II, 138, 363 - summary of his conduct of Christ's trial, II, 168 - conduct of, compared with Cęsar, II, 169; with Sir Edward Coke, II, - 170-172 - - Pindar, Greek poet, denunciation of, of vulgar superstitions, II, 224 - - Plato, Greek philosopher, - unnatural love of, II, 263 - reprobation of Homeric myths, II, 264 - - Pliny, the Younger, - correspondence of, with Trajan, II, 78 - disbelief of, in immortality, II, 229 - on slavery, II, 203 - - Plutarch, - on crucifixion, I, 56 - anecdotes of Lucullus, II, 244-246 - - Polybius, on Roman pederasty, II, 263 - - Pompeia divorced by Cęsar, II, 238 - - Pompey, Cneius, the Great, - conquest of Palestine by, II, 11 - defeated at Pharsalia, II, 25 - divorce of his wife Mucia, II, 238 - - Pontiffs, Roman, II, 204 - - Poppęa, wife of Nero, deification of, II, 77 - - Postumius, Spurius, Roman consul, suppression of Bacchanalians by, II, - 270-283 - - Prętor, Roman, judicial powers of, II, 36 - - Priesthood, Roman. See Roman religion - - Priests, Jewish Chamber of. See Sanhedrin - - Procurator, Roman, jurisdiction of, II, 27, 28 - - Provinces, Roman, classification of, by Augustus, II, 27 - - - Q - - Quetzalcoatle, crucified Savior, worshiped by Mexicans, II, 66 - - - R - - Rabbi, origin of Jewish title of, II, 315 - - Rabbis, Jewish, arrogance of, II, 316 - - Raphall, Morris, on the origin of the Sanhedrin, I, 104 - - Rawlinson, George, on the political state of Judea at the time of - Christ, II, 11 - - Religions, policy of Romans toward foreign, and of conquered peoples, - II, 72-74 - - Renan, Ernest, - on miracles, I, 44-47 - on the "judicial ambush" of blasphemers, I, 235 - on the character of Pilate, II, 90 - on the character of Christ, II, 187, 188 - - Richard III, King of England, contest of, with Saladin, I, 48 - - Richter on the pathology of crucifixion, II, 58, 59 - - Rosadi, - on the confession of the accused under Hebrew law, I, 143 - on the hatred of Pilate toward the Jews, II, 98 - on the order of criminal trials in Roman provinces, II, 32 - - Rousseau, Jean Jacques, on the death of Christ, II, 187 - - Romans, - laws of, the basis of modern jurisprudence, II, 5 - policy of, toward subject peoples, II, 13-15 - responsibility of, for Christ's death, II, 174-176 - religion of. See Paganism - - Ruga, Carvilius, first Roman to procure a divorce, II, 236 - - - S - - Sacrifice, human, among the Romans, II, 209 - - Sadducees, - attitude of, toward the law, I, 338 - attitude of, toward anthropomorphism of Pentateuch, I, 338 - dominant in the Sanhedrin, I, 339 - disbelief of, in immortality, II, 322 - wealth and rank of, II, 322 - - Saladin, Saracen Sultan, contest of, with Richard III, I, 48 - - Salians, Roman priests, II, 204 - - Sallust, Roman historian, on the conspiracy of Cataline, II, 229 - - Salvador, Joseph, on the existence of the Great Sanhedrin at the time of - Christ, I, 177 - - Samuel, Hakaton, Jewish scribe, biographical note on, II, 307 - - Sanctuary, right of, among ancient peoples, I, 96 - - Sanhedrin, the Great, - origin of, I, 103 - history of, I, 104 - organization of, I, 105 - chamber of scribes, I, 105; II, 303 - chamber of elders, I, 105; II, 318 - chamber of priests, I, 105; II, 292 - qualifications of members of, I, 106 - disqualifications of judges of, I, 109 - officers of, I, 112 - compensation of officers of, I, 115 - sessions of, I, 116 - recruitment of personnel of, I, 117 - quorum of, I, 119 - jurisdiction of, I, 119 - appeals to, from minor Sanhedrins, I, 120 - morning sacrifice of, I, 157 - assembling of judges of, I, 158 - scribes of, I, 158, 159 - examination of witnesses by, I, 159-162 - debates and balloting of judges of, I, 162 - procedure of, in cases of condemnation of accused, I, 165-167 - method of counting votes, I, 167, 168 - death march of, I, 169, 170 - question of existence of, at time of Christ, I, 175-181 - jurisdiction of, in capital cases at the time of Christ, I, 181-183 - discussion of trial of Christ before, I, 183-186 - procedure of, in trial of Christ before, I, 186 - illegality of proceedings of, against Christ, I, 255-259, 260-262, - 263-266, 267-270, 287-294 - illegality of sentence of, against Christ, I, 271-278, 279-286 - disqualifications of members of, who condemned Christ, I, 296-308 - morning session of, at trial of Christ, I, 356-364 - three sessions of, to discuss Christ, I, 305, 306 - authority of, after Roman conquest, II, 12, 16, 21 - deprived by Romans of power of capital punishment, II, 19, 20 - biographical sketches of members of, who tried Jesus, II, 291-326 - - Sanhedrins, minor, - appeals from, to Great Sanhedrin, I, 120 - establishment of, I, 121 - jurisdiction of, I, 121 - superior rank of those of Jerusalem, I, 123, 124 - - Saul, Abba, Jewish scribe, biographical note on, II, 313 - - Savonarola, Girolamo, Florentine reformer, burning of, I, 63 - - Scaurus, Manercus, prosecuted for treason, II, 70 - - Sceva, Jewish priest, biographical note on, II, 300 - - Schenck, account of, of the bloody sweat of a nun, I, 59 - - Schürer, - on the existence of the Sanhedrin at the time of Christ, I, 176 - on the jurisdiction of the Sanhedrin, II, 18 - on the administration of civil law by Sanhedrin, II, 30 - - Scipio Africanus, trial of, before Comitia Centuriata, II, 41 - - Scott, Sir Walter, on the contest between Richard III and Saladin, I, - 47, 48 - - Scourging, - of Jesus, I, 56 - mode of, among Romans, II, 55 - - Scribes, Jewish, Edersheim on, I, 302 - - Scribes, Jewish Chamber of. See Sanhedrin - - Segnensis, Henricus, anecdote of, illustrative of medięval ignorance - regarding Talmud, II, 74 - - Semiramis, Assyrian queen, origin of crucifixion imputed to, II, 54 - - Seneca, - anecdote from, regarding political informers, II, 71 - on the patriotic observance of the national religion, II, 226 - on suicide, II, 232 - on slavery, II, 252 - on Roman myths, II, 265 - - Septuagint, version of the Bible, paraphrasing of anthropomorphic - passages in, I, 237 - - Sepulture, of crucified criminals forbidden, II, 58 - - Serapis, Egyptian deity, - images of thrown down, II, 73 - Marcus Aurelius an adorer of, II, 217 - - Servilia, mistress of Julius Cęsar, II, 239 - - Shammai, School of, - and the Mishna, I, 79 - dissensions of, with School of Hillel, II, 309 - - Shevuah ben Kalba, Jewish elder, biographical note on, II, 319 - - Shoterim of the Sanhedrin, I, 113 - - Sibylline Books, II, 199, 204 - - Sibyl, Erythręan, Virgil inspired by, II, 287 - - Simon, Jewish rebel, revolt of, II, 110 - - Simon, Jewish elder, biographical note on, II, 320 - - Simon Boethus, made high priest by Herod I, II, 296 - - Simon ben Camithus, Jewish high priest, biographical note on, II, 298 - - Simon Cantharus, Jewish high priest, biographical note on, II, 297 - - Simon, son of Gamaliel, Jewish elder, biographical note on, II, 305 - - Simon Hamizpah, Jewish scribe, biographical note on, II, 314 - - Sinaitic MS. of the Bible, I, 67 - - Slavery, - under Hebrew law, I, 95 - account of, among Romans, II, 250, 251 - - Social life, Gręco-Roman, - marriage and divorce, II, 236-240 - prostitution, II, 242-244 - luxury and extravagance, II, 244-249 - poverty of Roman masses, II, 249 - slavery, II, 249-253 - infanticide, II, 254 - gladiatorial games, II, 255-262 - depravity of, traceable to corrupt myths, II, 262-270 - practice of Bacchanalian rites, II, 270-283 - hopeless state of, at time of Christ, II, 284-287 - - Socrates, Greek philosopher, - resemblance of charges against, to those against Jesus, II, 181 - counsel of, to Hetairai, II, 243 - - Sodomy, prevalence of, - among Greeks and Romans, II, 262-264 - practiced in Roman temples, II, 269 - - Solomon ben Joseph, Jewish rabbi, on the Talmud, I, 90 - - Sonnenthal, Adolf von, Jewish actor, refused freedom of Vienna, II, 182 - - Sparta, licentiousness of, II, 241 - - Spartacus, Roman gladiator, revolt of, II, 259, 260 - - Spartans, marital looseness of, II, 241 - - Spinoza, Jewish philosopher, on miracles, I, 40-44 - - Standards, apocryphal miracle of, at trial of Christ, II, 354 _seq._ - - Starkie on the credibility of testimony, I, 12 - - Stephen, St., stoning of, I, 365 - - Stephen, Sir James F. J., - on the Roman treatment of Christianity, II, 76 - on Pilate's trial of Jesus, II, 159-164 - - Stoicism, - among the Romans, II, 231 - resemblance of, to Christian precepts, II, 331 - - Stoning of criminals under Hebrew law, I, 92, 99 - - Strangling of criminals under Hebrew law, I, 91, 99 - - Strauss, David, - on the behavior of Jesus before Herod, II, 126 - on the character of Christ, II, 187 - - Stroud on the physical cause of death of Christ, I, 61, 62 - - Suetonius, Roman historian, - on the labeling of criminals before execution, I, 57 - on divination, II, 213 - narrative of, of dreams presaging reign of Augustus, II, 214 - account of, of belief of Augustus in omens, II, 215 - - Suicide, attitude of Stoics toward, II, 232 - - Suspension, death by, II, 61, 62 - - Sweat, bloody, historical instances of, I, 59, 60 - - - T - - Tacitus, Roman historian, on slavery, II, 253 - - Talmud, the, - definition of, I, 74 - recensions of, I, 81 - contents of, I, 82 - relation of Mishna to, I, 83, to Gemara, I, 83; to Pentateuch, I, - 83; to Mosaic Code, I, 84, 85 - efforts of Christians to extirpate, I, 87, 88 - message and mission of, I, 89 - See also Gemara and Mishna - - Telemachus, St., death of, in arena, II, 261 - - Temples, a resort of immorality in Rome, II, 269 - - Tertullian, Latin father, - on the character of Pilate, II, 89 - on the resort of vice to temple precincts, II, 269 - reference of, to the "Acts of Pilate," II, 329, 333 _seq._, 347, 348 - - Tertullus, his prosecution of Paul, II, 299 - - Testimony, under Hebrew Criminal Law, - of each witness required to cover entire case, I, 132 - vain, I, 145 - standing, I, 146 - adequate, I, 147 - of accomplices, I, 228-230, 235, 236 - - Theodota, the courtesan, counseled by Socrates, II, 243 - - Theophilus, son of Annas, Jewish high priest, biographical note on, II, - 296 - - Theresa, Maria, Austrian empress, codex of, II, 54 - - Three, Jewish Courts of, jurisdiction of, I, 124 - - Tiberius Cęsar, Roman emperor, - sway of, II, 27 - character of, II, 70 - prosecutions of, for treason, II, 70, 71 - marriage of, to Julia, II, 83 - legendary desire of, to deify Christ, II, 329, 330 _seq._ - - Tischendorf, Constantine, on the authenticity of the "Acts of - Pilate," II, 345 _seq._ - - Tissot, account of, of the bloody sweat of a sailor, I, 59 - - Trajan, Roman emperor, correspondence of, with Pliny, II, 78 - - Trials, Roman criminal, - right of appeal, II, 28 - during the regal period, II, 35 - Roman, mode of, in the Comitia Centuriata, II, 37-43 - mode of, in the Permanent Tribunals, II, 43-52 - prosecutor, rōle and selection of, II, 43, 44, 49 - - Trial of Jesus, Hebrew, - nature of charge against Jesus before Sanhedrin, I, 187 - procedure of, before Sanhedrin, I, 188 - discussion of charge of blasphemy against Jesus, I, 193-209 - illegality of arrest of Jesus, I, 219-237 - illegality of private examination of Jesus before high priest, I, - 238-247 - illegality of indictment of Jesus, I, 248-254 - illegality of nocturnal proceedings against Jesus, I, 255-259 - illegality of the meeting of the Sanhedrin before morning sacrifice, - I, 260-262 - illegality of proceedings against Christ, because held on the eve - of the Sabbath, and of a feast, I, 263-266 - illegality of trial, because concluded in one day, I, 267-270 - condemnation of Jesus founded on uncorroborated evidence, I, 271-278 - Jesus illegally condemned by unanimous verdict, I, 279-286 - condemnation of Jesus pronounced in place forbidden by law, I, 288-292 - irregular balloting of judges of Jesus, I, 292-294 - condemnation of Jesus illegal, because of unlawful conduct of high - priest, I, 290, 291 - disqualifications of judges of Jesus, I, 296-308 - Jesus condemned without defense, I, 309 - second trial of Jesus by Sanhedrin, I, 356-366 - - Trial of Jesus, Roman, - discussion of Roman and Hebrew jurisdiction, II, 3-23 - Roman law applicable to, II, 68-80 - as conducted by Pilate, II, 96-118, 129-139 - legal analysis of, II, 141-168 - - Tribune, Roman, judicial powers of, II, 36 - - Tryphon, son of Theudion, Jewish elder; biographical note on, II, 321 - - Twelve Tables, laws of the, II, 53, 208 - - - U - - Ulpian, Roman jurist, his definition of treason, II, 69 - - - V - - Vatican, MS. of the Bible, I, 67 - - Venus, Roman deity, - sacrifices to, II, 208 - impersonated by Phryne, II, 243 - worshiped by harlots, II, 266 - - Veronica, St., legend of, II, 93 - - Vestals, Roman priestesses, - guardians of sacred fire, II, 204 - spectators at licentious dramas, II, 267 - - Vinicius, Lucius, Roman patrician, letter of Augustus to, II, 83 - - Virgil, poem of, on advent of heaven-born child, I, 321; II, 287 - - Virginia, legend of, II, 236 - - Vitellius, legate of Syria, - spares Jewish prejudices, II, 85 - orders Pilate to Rome, II, 92 - - Vitia, Roman matron, executed for treason, II, 71 - - Voltaire, Franēois de, - account of, of the bloody sweat of Charles IX, I, 59 - on character of Christ, II, 187 - - Vulgate, version of the Bible, I, 68 - - - W - - Witnesses, under Hebrew Criminal Law, - competency and incompetency of, I, 127-129 - number of, required to convict, I, 129 - agreement of, I, 131 - adjuration to, I, 134 - examination of, I, 136, 138 - false, I, 140 - the accused as, I, 141 - separation of, I, 137 - - Wise, Rabbi, - on the non-existence of the Great Sanhedrin at time of Christ, I, - 175, 179 - on the "martyrdom of Jesus," I, 330 - - - X - - Xenophanes, ridicule of, of Greek religion, II, 224 - - - Z - - Zadok, Jewish scribe, biographical note on, II, 310 - - Zeno, Greek philosopher, originator of Stoicism, II, 229 - - Zeus, Greek divinity, - character of, I, 14 - myth of rape of Ganymede by, II, 262 - - - - -Corrections - -The first line indicates the original, the second the correction: - - p. 61: Describing the punishments used in Madasgascar - Describing the punishments used in Madagascar. - - p. 151: and that he recognized - and that He recognized. - - p. 174: as did S. Michael - as did St. Michael. - - p. 392: Dysmas, legendary name of one of thieves crucified with Jesus, - II, 364 - - Dysmas, legendary name of one of the thieves crucified with - Jesus, II, 364 - - Derembourg, Joseph, on the Jewish priestly families, II, 294 - Dérembourg, Joseph, on the Jewish priestly families, II, 294 - - p. 397: Lemann, extract from work of, on Sanhedrin, II, 291 - Lémann, extract from work of, on Sanhedrin, II, 291 - - p. 402: Scipio Africanus, trial of, before Comitia Centuriata - Scipio Africanus, trial of, before Comitia Centuriata, II, 41 - - Footnote 15: Geschichte des römischen criminalprocesses - Geschichte des römischen Criminalprocesses - - Footnote 152: Renan, "Les Apotres." - Renan, "Les Apōtres." - - - - - - -End of the Project Gutenberg EBook of The Trial of Jesus from a Lawyer's -Standpoint, Vol. II (of II), by Walter M. 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