The Provinces of the Roman Empire, from Caesar to Diocletian. v. 2

by Theodor Mommsen

Herod’s character and aims.To describe in detail the government of Herod for almost forty years—he died in the year 7504 B.C.—as the accounts of it preserved at great length allow us to do, is not the task of the historian of Rome. There is probably no royal house of any age in which bloody feuds raged in an equal degree between parents and children, between husbands and wives, and between brothers and sisters; the emperor Augustus and his governors in Syria turned away with horror from the share in the work of murder which was suggested to them; not the least revolting trait in this picture of horrors is the utter want of object in most of the executions, ordained as a rule upon groundless suspicion, and the despairing remorse of the perpetrator, which constantly followed. Vigorously and intelligently as the king took care of the interest of his country, so far as he could and might, and energetically as, not merely in Palestine but throughout the empire, he befriended the Jews with his treasures and with his no small influence—for the decision of Agrippa favourable to the Jews in the great imperial affair of Asia Minor ([p. 171]) they were substantially indebted to him—he found love and fidelity in Idumaea perhaps and Samaria, but not among the people of Israel; here he was, and continued to be, not so much the man laden with the guilt of blood in many forms, as above all the foreigner. As it was one of the mainsprings of that domestic war, that his wife of the Hasmonaean family, the fair Mariamne, and their children were regarded and dreaded by him more as Jews than as his own, he himself gave expression to the feeling that he was as much drawn towards the Greeks as repelled by the Jews. It is significant that he had the sons, for whom in the first instance he destined the succession, brought up in Rome. While out of his inexhaustible riches he loaded the Greek cities of other lands with gifts and embellished them with temples, he built for the Jews no doubt also, but not in the Jewish sense. The buildings of the circus and theatre in Jerusalem itself, as well as the temples for the imperial worship in the Jewish towns, were regarded by the pious Israelite as a summons to blaspheme God. His conversion of the temple in Jerusalem into a magnificent building was done half against the will of the devout; much as they admired the building, his introduction into it of a golden eagle was taken more amiss than all the sentences of death ordained by him, and led to a popular insurrection, to which the eagle fell a sacrifice, and thereupon doubtless the devotees as well, who tore it down.

Energy of his rule.Herod knew the land sufficiently not to let matters come to extremities; if it had been possible to Hellenise it, the will to that effect would not have been wanting on his part. In energy the Idumaean was not inferior to the best Hasmonaeans. The construction of the great harbour at Strato’s Tower, or as the town entirely rebuilt by Herod was thenceforth called, Caesarea, first gave to a coast poor in harbours what it needed, and throughout the whole period of the empire the town remained a chief emporium of southern Syria. What the government was able to furnish in other respects—development of natural resources, intervention in case of famine and other calamities, above all things internal and external security—was furnished by Herod. The evil of brigandage was done away, and the defence—so uncommonly difficult in these regions—of the frontier against the roving tribes of the desert was carried out with sternness and consistency. Thereby the Roman government was induced to place under him still further regions, Ituraea, Trachonitis, Auranitis, Batanaea. Thenceforth his dominion extended, as we have already mentioned ([p. 146]), compactly over the region beyond the Jordan as far as towards Damascus and to the Hermon mountains; so far as we can discern, after those further assignments there was in the whole domain which we have indicated no longer any free city or any rule independent of Herod. The defence of the frontier itself fell more on the Arabian king than on the king of the Jews; but, so far as it devolved on him, the series of well-provided frontier-forts brought about here a general peace, such as had not hitherto been known in those regions. We can understand how Agrippa, after inspecting the maritime and military structures of Herod, should have discerned in him an associate striving in a like spirit towards the great work of organising the empire, and should have treated him in this sense.

The end of Herod and the partition of his kingdom.His kingdom had no lasting existence. Herod himself apportioned it in his testament among his three sons, and Augustus confirmed the arrangement in the main, only placing the important port of Gaza and the Greek towns beyond the Jordan immediately under the governor of Syria. The northern portions of the kingdom were separated from the mainland; the territory last acquired by Herod to the south of Damascus, Batanaea with the districts belonging to it, was obtained by Philip; Galilee and Peraea, that is, the Transjordanic domain, so far as it was not Greek, by Herod Antipas—both as tetrarchs; these two petty principalities continued, at first as separate, then as united under Herod “the Great’s” great-grandson Agrippa II., with slight interruptions to subsist down to the time of Trajan. We have already mentioned their government when describing eastern Syria and Arabia (p. 146 f.). Here it may only be added that these Herodians continued to rule, if not with the energy, at least in the sense and spirit of the founder of the dynasty. The towns established by them—Caesarea, the ancient Paneas, in the northern territory, and Tiberias in Galilee—had a Hellenic organisation quite after the manner of Herod; characteristic is the proscription, which the Jewish Rabbis on account of a tomb found at the laying out of Tiberias decreed over the unclean city.

Judaea under Archelaus.

The main country, Judaea, along with Samaria on the north and Idumaea on the south, was destined for Archelaus by his father’s will. But this succession was not accordant with the wishes of the nation. The orthodox, that is, the Pharisees, ruled with virtual exclusiveness the mass of the people; and, if hitherto the fear of the Lord had been in some measure kept down by the fear of the unscrupulously energetic king, the mind of the great majority of the Jews was set upon re-establishing under the protectorate of Rome the pure and godly sacerdotal government, as it had once been set up by the Persian authorities. Immediately after the death of the old king the masses in Jerusalem had congregated to demand the setting aside of the high-priest nominated by Herod and the ejection of the unbelievers from the holy city, where the Passover was just to be celebrated; Archelaus had been under the necessity of beginning his government by charging into these masses; a number of dead were counted, and the observance of the festival was suspended. The Roman governor of Syria—the same Varus, whose folly soon afterwards cost the Romans Germany—on whom it primarily devolved to maintain order in the land during the interregnum, had allowed these mutinous bands in Jerusalem to send to Rome, where the occupation of the Jewish throne was just being discussed, a deputation of fifty persons to request the abolition of the monarchy; and, when Augustus gave audience to it, eight thousand Jews of the capital escorted it to the temple of Apollo. The fanatical Jews at home meanwhile continued to help themselves; the Roman garrison, which was stationed in the temple, was assailed with violence, and pious bands of brigands filled the land; Varus had to call out the legions and to restore quiet with the sword. It was a warning for the suzerain, a supplementary justification of king Herod’s violent but effective government. But Augustus, with all the weakness which he so often showed, particularly in later years, while dismissing, no doubt, the representatives of those fanatical masses and their request, yet executed in the main the testament of Herod, and gave over the rule in Jerusalem to Archelaus shorn of the kingly title, which Augustus preferred for a time not to concede to the untried young man; shorn, moreover, of the northern territories, and reduced also in military status by the taking away of the defence of the frontier. The circumstance that at the instigation of Augustus the taxes raised to a high pitch under Herod were lowered, could but little better the position of the tetrarch. The personal incapacity and worthlessness of Archelaus were hardly needed, in addition, to make him impossible; a few years later (6 A.D.) Augustus saw himself Judaea a Roman province.compelled to depose him. Now he did at length the will of those mutineers; the monarchy was abolished, and while on the one hand the land was taken into direct Roman administration, on the other hand, so far as an internal government was allowed by the side of this, it was given over to the senate of Jerusalem. This procedure may certainly have been determined in part by assurances given earlier by Augustus to Herod as regards the succession, in part by the more and more apparent, and in general doubtless justifiable, disinclination of the imperial government to larger client-states possessing some measure of independent self-movement. What took place shortly before or soon after in Galatia, in Cappadocia, in Mauretania, explains why in Palestine also the kingdom of Herod hardly survived himself. But, as the immediate government was organised in Palestine, it was even administratively a bad retrograde step as compared with the Herodian; and above all the circumstances here were so peculiar and so difficult, that the immediate contact between the governing Romans and the governed Jews—which certainly had been obstinately striven for by the priestly party itself and ultimately obtained—redounded to the benefit neither of the one nor of the other.

Provincial organisation.Judaea thus became in the year 6 A.D. a Roman province of the second rank,[168] and, apart from the ephemeral restoration of the kingdom of Jerusalem under Claudius in the years 41–44, thenceforth remained a Roman province. Instead of the previous native princes holding office for life and, under reservation of their being confirmed by the Roman government, hereditary, came an official of the equestrian order, nominated and liable to recall by the emperor. The port of Caesarea rebuilt by Herod after a Hellenic model became, probably at once, the seat of Roman administration. The exemption of the land from Roman garrison as a matter of course ceased, but, as throughout in provinces of the second rank, the Roman military force consisted only of a moderate number of cavalry and infantry divisions of the inferior class; subsequently one ala and five cohorts—about 3000 men—were stationed there. These troops were perhaps taken over from the earlier government, at least in great part formed in the country itself, mostly, however, from Samaritans and Syrian Greeks.[169] The province did not obtain a legionary garrison, and even in the territories adjoining Judaea there was stationed at the most one of the four Syrian legions. To Jerusalem there came a standing Roman commandant, who took up his abode in the royal castle, with a weak standing garrison; only during the time of the Passover, when the whole land and countless strangers flocked to the temple, a stronger division of soldiers was stationed in a colonnade belonging to the temple. That on the erection of the province the obligation of tribute towards Rome set in, follows from the very circumstance that the costs of defending the land were thereby transferred to the imperial government. After the latter had suggested a reduction of the payments at the installation of Archelaus, it is far from probable that on the annexation of the country it contemplated an immediate raising of them; but doubtless, as in every newly-acquired territory, steps were taken for a revision of the previous land-register.[170]

The native authorities.For the native authorities in Judaea as everywhere the urban communities were, as far as possible, taken as a basis. Samaria, or as the town was now called, Sebaste, the newly laid out Caesarea, and the other urban communities contained in the former kingdom of Archelaus, were self-administering, under superintendence of the Roman authority. The government also of the capital with the large territory belonging to it was organised in a similar way.The Synhedrion of Jerusalem. Already in the pre-Roman period under the Seleucids there was formed, as we saw ([p. 160]), in Jerusalem a council of the elders, the Synhedrion, or as Judaised, the Sanhedrin. The presidency in it was held by the high priest, whom each ruler of the land, if he was not possibly himself high priest, appointed for the time. To the college belonged the former high priests and esteemed experts in the law. This assembly, in which the aristocratic element preponderated, acted as the supreme spiritual representative of the whole body of Jews, and, so far as this was not to be separated from it, also as the secular representative in particular of the community of Jerusalem. It is only the later Rabbinism that has by a pious fiction transformed the Synhedrion of Jerusalem into a spiritual institute of Mosaic appointment. It corresponded essentially to the council of the Greek urban constitution, but certainly bore, as respected its composition as well as its sphere of working, a more spiritual character than belonged to the Greek representations of the community. To this Synhedrion and its high priest, who was now nominated by the procurator as representative of the imperial suzerain, the Roman government left or committed that jurisdiction which in the Hellenic subject communities belonged to the urban authorities and the common councils. With indifferent short-sightedness it allowed to the transcendental Messianism of the Pharisees free course, and to the by no means transcendental land-consistory—acting until the Messiah should arrive—tolerably free sway in affairs of faith, of manners, and of law, where Roman interests were not directly affected thereby. This applied in particular to the administration of justice. It is true that, as far as Roman burgesses were concerned, ordinary jurisdiction in civil as in criminal affairs must have been reserved for the Roman tribunals even already before the annexation of the land. But civil jurisdiction over Jews remained even after that annexation chiefly with the local authority. Criminal justice over them was exercised by the latter probably in general concurrently with the Roman procurator; only sentences of death could not be executed by it otherwise than after confirmation by the imperial magistrate.

The Roman provincial government.In the main those arrangements were the inevitable consequences of the abolition of the principality, and when the Jews had obtained this request of theirs, they in fact obtained those arrangements along with it. Certainly it was the design of the government to avoid, as far as possible, harshness and abruptness in carrying them out. Publius Sulpicius Quirinius to whom, as governor of Syria the erection of the new province was entrusted, was a magistrate of repute, and quite familiar with the affairs of the East, and the several reports confirm by what they say or by their silence the fact that the difficulties of the state of things were known and taken into account. The local coining of petty moneys, as formerly practised by the kings, now took place in the name of the Roman ruler; but on account of the Jewish abhorrence of images the head of the emperor was not even placed on the coins. Setting foot within the interior of the temple continued to be forbidden in the case of every non-Jew under penalty of death.[171] However averse was the attitude of Augustus personally towards the Oriental worships ([p. 172]), he did not disdain here any more than in Egypt to connect them in their home with the imperial government; magnificent presents of Augustus, of Livia, and of other members of the imperial house adorned the sanctuary of the Jews, and according to an endowment by the emperor the smoke of the sacrifice of a bullock and two lambs rose daily there to the “Supreme God.” The Roman soldiers were directed, when they were on service at Jerusalem, to leave the standards with the effigies of the emperor at Caesarea, and, when a governor under Tiberius omitted to do so, the government ultimately yielded to the urgent entreaties of the pious and left matters on the old footing. Indeed, when the Roman troops were to march through Jerusalem on an expedition against the Arabians, they obtained another route for the march in consequence of the scruples entertained by the priests against the effigies on the standards. When that same governor dedicated to the emperor at the royal castle in Jerusalem shields without imagery, and the pious took offence at it, Tiberius commanded the same to be taken away, and to be hung up in the temple of Augustus at Caesarea. The festival dress of the high priest, which was kept in Roman custody at the castle and hence had to be purified from such profanation for seven days before it was put on, was delivered up to the faithful upon their complaint; and the commandant of the castle was directed to give himself no further concern about it. Certainly it could not be asked of the multitude that it should feel the consequences of the incorporation less heavily, because it had itself brought them about. Nor is it to be maintained that the annexation of the land passed off without oppression for the inhabitants, and that they had no ground to complain; such arrangements have never been carried into effect without difficulties and disturbances of the peace. The number, moreover, of unrighteous and violent deeds perpetrated by individual governors must not have been smaller in Judaea than elsewhere. In the very beginning of the reign of Tiberius the Jews, like the Syrians, complained of the pressure of the taxes; especially the prolonged administration of Pontius Pilatus is charged with all the usual official crimes by a not unfair observer. But Tiberius, as the same Jew says, had during the twenty-three years of his reign maintained the time-hallowed holy customs, and in no part set them aside or violated them. This is the more to be recognised, seeing that the same emperor in the West interfered against the Jews more emphatically than any other ([p. 172]), and thus the long-suffering and caution shown by him in Judaea cannot be traced back to personal favour for Judaism.

The Jewish opposition.In spite of all this both the opposition on principle to the Roman government and the violent efforts at self-help on the part of the faithful developed themselves even in this time of peace. The payment of tribute was assailed, not perchance merely because it was oppressive, but as being godless. “Is it allowable,” asks the Rabbi in the Gospel, “to pay the census to Caesar?” The ironical answer which he received did not by any means suffice for all; there were saints, though possibly not in great number, who thought themselves polluted if they touched a coin with the emperor’s image. This was something new—an advance in the theology of opposition; the kings Seleucus and Antiochus had also not been circumcised, and had likewise received tribute in silver pieces bearing their image. Such was the theory; the practical application of it was made, not certainly by the high council of Jerusalem, in which, under the influence of the imperial government, the more pliant notables of the land directed the vote, but by Judas the Galilean from Gamala on the lake of Gennesaret, who, as Gamaliel subsequently reminded this high council, “stood up in the days of the census, and behind him the people rose in revolt.” He spoke out what all thought, that the so-called census was bondage, and that it was a disgrace for the Jew to recognise another lord over him than the Lord of Zebaoth; but that He helped only those who helped themselves. If not many followed his call to arms, and he ended his life, after a few months, on the scaffold, the holy dead was more dangerous to the unholy victors than the living man. He and his followers were regarded by the later Jews alongside of the Sadducees, Pharisees, and Essenes, as the fourth “School;” at that time they were called the Zealots, afterwards they called themselves Sicarii, “men of the knife.” Their teaching was simple: God alone is Lord, death indifferent, freedom all in all. This teaching remained, and the children and grandchildren of Judas became the leaders of the later insurrections.