And The Verdict Is …

Luke 23:1-17

The Jewish leadership had spent the entire night and early morning trying to find some grounds on which the people would support executing Jesus. Finally, when he referred to himself as the Son of God, they had something they could use to incite the mob.

“And the whole multitude of them arose, and led him unto Pilate.” (Luke 23:1)

As a subject people under Roman rule, The Jews were forced to get Roman approval for major decisions. Since they measured the day from evening to evening, this was still the Passover day, and they did not want to be contaminated by association with Gentiles, so they tried to avoid entering he courtroom. John explains in greater detail than Luke.

“Then led they Jesus from Caiaphas unto the hall of judgment: and it was early; and they themselves went not into the judgment hall, lest they should be defiled; but that they might eat the passover. Pilate then went out unto them, and said, What accusation bring ye against this man? They answered and said unto him, If he were not a malefactor, we would not have delivered him up unto thee.” (John 18:28-30)

In the United States the defendant is considered innocent until proven guilty. Under Roman law, and many of the legal systems which developed from it, the defendant is presumed guilty, and must prove his innocence. The burden of proof is with the defendant, rather than with the prosecution. It explains why Americans arrested in Italy, Spain, or the Latin American countries find it very difficult to escape punishment. The Jews took advantage of that presumption, claiming that he would not have been arrested if Jesus wasn’t guilty.

“Then said Pilate unto them, Take ye him, and judge him according to your law. The Jews therefore said unto him, It is not lawful for us to put any man to death: That the saying of Jesus might be fulfilled, which he spake, signifying what death he should die.” (John 18:31-32)

When the Jews insisted that Pilate had to conduct the trial because they didn’t have the authority to hear death penalty cases, he must have known something was up, especially in light of his wife’s warning in Matthew 27:19, to have nothing to do with Jesus’ trial. The Jews then begin to accuse him of things they thing will result in Roman judgment, of sedition, tax evasion, and rebellion. Because the Jewish law called for execution by stoning, it was crucial that Jesus be executed under Roman authority, in order to fulfill the prophecies about his death.

"And they began to accuse him, saying, We found this fellow perverting the nation, and forbidding to give tribute to Caesar, saying that he himself is Christ a King.“ (Luke 23:2)

Their accusations are exactly the opposite of what actually happened. Jesus had addressed the tax issue on two different occasions. In Matthew 17:24-27, Jesus said that we were not citizens of the world, and thus not subject to their taxes, but that we should pay them anyway. That isn’t popular with some in our day.

“And when they were come to Capernaum, they that received tribute money came to Peter, and said, Doth not your master pay tribute? He saith, Yes. And when he was come into the house, Jesus prevented him, saying, What thinkest thou, Simon? of whom do the kings of the earth take custom or tribute? of their own children, or of strangers? Peter saith unto him, Of strangers. Jesus saith unto him, Then are the children free. Notwithstanding, lest we should offend them, go thou to the sea, and cast an hook, and take up the fish that first cometh up; and when thou hast opened his mouth, thou shalt find a piece of money: that take, and give unto them for me and thee.” (Matthew 17:24-27)

When he was asked specifically, later, Jesus again said we were to pay the taxes, in Luke 20:22-25. “Is it lawful for us to give tribute unto Caesar, or no? But he perceived their craftiness, and said unto them, Why tempt ye me? Show me a penny. Whose image and superscription hath it? They answered and said, Caesar's. And he said unto them, Render therefore unto Caesar the things which be Caesar's, and unto God the things which be God's.” This charge was clearly bogus. Pilate knew that many of the accusers held that belief, and didn’t question it. He did question the Claim that he was a king.

Lu 23:3 And Pilate asked him, saying, Art thou the King of the Jews? And he answered him and said, Thou sayest it.” (Luke 23:3)

John 18:33-37 goes into detail as to what was said. “Then Pilate entered into the judgment hall again, and called Jesus, and said unto him, Art thou the King of the Jews? Jesus answered him, Sayest thou this thing of thyself, or did others tell it thee of me? Pilate answered, Am I a Jew? Thine own nation and the chief priests have delivered thee unto me: what hast thou done? Jesus answered, 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. Pilate therefore said unto him, Art thou a king then? Jesus answered, 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. Every one that is of the truth heareth my voice."

Since Jesus kingdom is not of this world, it poses no threat to earthly kingdoms. Rome had no reason for concern. Despite their claims, there is no reason for executing Jesus. Pilate has no legal choice but to release him.

“Then said Pilate to the chief priests and to the people, I find no fault in this man. And they were the more fierce, saying, He stirreth up the people, teaching throughout all Jewry, beginning from Galilee to this place.” (Luke 23:4-5)

Desperate to have Jesus killed, the priests and his enemies began to make more accusations, that he had cause riots in other cities, both in Judea and in Galilee. Galilee was not under Pilate’s jurisdiction, but under Herod’s. By passing Jesus’ trial to Herod, Pilate could avoid killing him without angering the Jews, and since Herod wasn’t over Judea, he wouldn’t be under as much pressure to please them. That Herod was visiting Jerusalem made it easy.

“When Pilate heard of Galilee, he asked whether the man were a Galilaean. And as soon as he knew that he belonged unto Herod's jurisdiction, he sent him to Herod, who himself also was at Jerusalem at that time. And when Herod saw Jesus, he was exceeding glad: for he was desirous to see him of a long season, because he had heard many things of him; and he hoped to have seen some miracle done by him.” (Luke 23:6-8)

Herod had wanted to see Jesus since he began to hear about him shortly after having John killed. If nothing else, it would be exciting to see him do some miracle such as people talked about. Herod’s interest was strictly to satisfy his curiosity and to be entertained. Jesus refused to provide entertainment with his message.

“Then he questioned with him in many words; but he answered him nothing. And the chief priests and scribes stood and vehemently accused him. 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. And the same day Pilate and Herod were made friends together: for before they were at enmity between themselves.” (Luke 23:9-12)

Since Jesus wouldn’t speak, and the Jews presented no evidence to support their charges, Herod decided to entertain himself and please them by mocking Jesus. Since he had no jurisdiction in Jerusalem at the time, and no Galileans were making charges, there was nothing he could really do, so he sent them back to Pilate, confirming that he also found no reason to execute him. Up until tis time Pilate and Herod had been rivals, but the mutual acknowledgement of authority ended the rivalry.

“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. (For of necessity he must release one unto them at the feast.)” (Luke 23:13-17)

With Herod’s confirmation of his decision, Pilate dares to state his position more forcefully, that Jesus was innocent of the charges against him. To satisfy their anger, he is willing to have Jesus scourged, despite his innocence, and then he will fulfill the custom of releasing one political prisoner at Passover, by releasing Jesus. His offer is a deliberate attempt to placate the Jews, while not endangering his position in the Roman government. He was in a position similar to the candidates who have to balance pleasing their party to get funding, and their constituents to get re-elected.