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 Cæsar, 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 Cæsar—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.
TIBERIUS CÆSAR (ANTIQUE SCULPTURE)