The Trial of Jesus from a Lawyer's Standpoint, Vol. 2 (of 2) / The Roman Trial

by Walter M. Chandler

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 Cæsar, 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 Cæsar, 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 Æsculapius 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. Æmilius 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."