Luke 23:1-5

Since Judaea had been reduced to a Roman province, on the deposition of Archelaus, in the year 7 of our era, the Jewish authorities had lost the jus gladii, which the Romans always reserved to themselves in the provinces incorporated with the empire. Perhaps, as Langen concludes, with some probability, from John 18:30-31, previous governors had relaxed the rigour of public right on this point, and Pilate was the first who had confined the Jews within their strict legal competency. There is a tradition, quoted in the Talmud, that “forty years before the destruction of the temple (and so about the year 30 of our era), the right of pronouncing capital sentences was taken from Israel” (Cant. 24. 2). Thus is explained the procedure of the Jews (Luke 23:1) who bring Jesus before Pilate. The other motives by which it has been sought to explain it, such as the desire to put the entire responsibility of this death on Pilate (Mosheim), or that of getting Jesus put to death by the Roman and specially cruel punishment of the cross (Chrysostom), or finally, that of not violating the quiet of the feast (Augustine), have been refuted by Langen (pp. 246-251).

It cannot be decided with certainty whether Pilate at this time resided in the palace of Herod the Great, on the hill of Sion, or in the citadel Antonia, at the northwest of the temple. Tradition makes the Via Dolorosa begin at this latter spot. The complaint uttered by the Jews, Luke 23:2, was not the actual beginning of this long negotiation. John alone has preserved to us its true commencement (Luke 18:29-32). The Jews began very skilfully by trying to get Pilate to execute the sentence without having submitted it for his confirmation. The latter, more adroit than they, and eagerly profiting by the turn thus given to the case, declared to them that he was well pleased not to interfere in the matter, and that he left Jesus in their hands, that is to say, within the limits of their competency (the execution of purely Jewish penalties excommunication from the synagogue, scourging, etc.). But that did not come up to the reckoning of the Jews, who wished at any price the death of Jesus. They must therefore abandon the exalted position which they had attempted to take, and submit their sentence to be judged by Pilate.

Here begins the second manoeuvre, the political accusation (Luke, Luke 23:2; comp. the three other accounts which are parallel). This charge was a notorious falsehood; for Jesus had resolved in the affirmative the question whether tribute should be paid to Caesar, and had carefully abstained from everything which could excite a rising of the people. The semblance of truth which is required in every accusation, was solely in the last words: He made Himself the Christ, a title which they maliciously explained by that of king. They began by giving to the name Christ a political colour in the mouth of Jesus. Hence they conclude that He was bound to forbid the payment of tribute. If He did not actually do so, He should have done it logically. Therefore it was as if He had done it; the crime may be justly imputed to Him. This translation of the title Christ by that of king before Pilate is especially remarkable, if we compare it with the transformation of the same title into that of Son of God before the Sanhedrim. The object of the one was to establish the accusation of rebellion, as that of the other was to prove the charge of blasphemy. There is a versatility in this hatred.

The four narratives agree in the question which Pilate addresses to Jesus. We know from John that Jesus was in the praetorium, while the Jews took their stand in the open square; Pilate went from them to Him, and from Him to them. The brief answer of Jesus: Thou sayest it, is surprising. But it appears from John that the word is only the summary of a conversation of some length between Jesus and Pilate, a conversation which oral tradition had not preserved. Pilate was intelligent enough to know what to think of the sudden zeal manifested by the Sanhedrim for the Roman dominion in Palestine, and the conversation which he had with Jesus on this first head of accusation (John 18:33-38) resulted in convincing him that he had not to do with a rival of Caesar. He therefore declares to the Jews that their accusation is unfounded. But they insist (Luke 23:5), and advance as a proof the sort of popular movement of which Galilee was the starting-point (ἀρξάμενος), and which spread quite recently to the very gates of Jerusalem (ἕως ὧδε), an allusion to the Palm Days. It is to the mention of this new charge that we may apply Matthew 27:12 and Mark 15:3-4, where there is indicated a repetition of accusations which Jesus answered only by silence. Luke also declares, Luke 23:5, that they were the more fierce. A second expedient then presents itself to Pilate's mind: to consign the whole matter to Herod, the sovereign of Galilee (Luke 23:6-12).