This answer indicates that Pilate did not, at first, understand the exact nature of the proceedings against Jesus. He evidently did not know that the prisoner had been charged with a capital offense; else he would not have suggested that the Jews take jurisdiction of the matter. This is clearly shown from the further reply of the priestly accusers:
"It is not lawful for us to put any man to death."[69]
The advice of Pilate and the retort of the Jews have been construed in two ways. A certain class of critics have contended that the procurator granted to the Jews in this instance the right to carry out capital punishment, as others have maintained was the case in the execution of Stephen. This construction argues that Pilate knew at once the nature of the accusation.
Another class of writers contend that the governor, by this language, merely proposed to them one of the minor penalties which they were already empowered to execute. The objection to the first interpretation is that the Jews would have been delighted to have such power conferred upon them, and would have exercised it; unless it is true, as has been held, that they were desirous of throwing the odium of Christ's death upon the Romans. The second construction is entirely admissible, because it is consonant with the theory that jurisdiction in capital cases had been withdrawn from the Sanhedrin, but that the trial and punishment of petty offenses still remained with it. A third and more reasonable interpretation still is that when Pilate said, "Take ye him and judge him according to your law," he intended to give expression to the hatred and bitterness of his cynical and sarcastic soul. He despised the Jews most heartily, and he knew that they hated him. He had repeatedly outraged their religious feelings by introducing images and shields into the Holy City. He had devoted the Corban funds to unhallowed purposes, and had mingled the blood of the Galileans with their sacrifices. In short, he had left nothing undone to humiliate and degrade them. Now here was another opportunity. By telling them to judge Jesus according to their own laws, he knew that they must make a reply which would be wounding and galling to their race and national pride. He knew that they would have to confess that sovereignty and nationality were gone from them. Such a confession from them would be music to his ear. The substance of his advice to the Jews was to exercise their rights to a certain point, to the moment of condemnation; but to stop at the place where their sweetest desires would be gratified with the exercise of the rights of sovereignty and nationality.
Modern poetry supports this interpretation of ancient history. "The Merchant of Venice" reveals the same method of heaping ridicule upon a Jew by making him impotent to execute the law. Shylock, the Jew, in contracting a usurious loan, inserted a stipulation that if the debt should not be paid when due, the debtor must allow a pound of flesh to be cut from his body. The debt was not discharged at the maturity of the bond, and Shylock made application to the Doge to have the pound of human flesh delivered to him in accordance with the compact. But Portia, a friend of the debtor, though a woman, assumed the garb and affected the speech of a lawyer in his defense; and, in pleading the case, called tauntingly and exultingly to the Jew:
This bond doth give thee here no jot of blood;
The words expressly are, a pound of flesh:
Take then thy bond, take thou thy pound of flesh;
But, in the cutting it, if thou dost shed
One drop of Christian blood, thy lands and goods
Are by the laws of Venice confiscate
Unto the State of Venice.[70]
But whatever special interpretation may be placed upon the opening words passed between the priestly accusers and the Roman judge, it is clearly evident that the latter did not intend to surrender to the former the right to impose and execute a sentence of death. The substance of Pilate's address to the Jews, when they sought to evade his question concerning the accusation which they had to bring against Jesus, was this: I have asked for a specific charge against the man whom you have brought bound to me. You have given not a direct, but an equivocal answer. I infer that the crime with which you charge him is one against your own laws. With such offenses I do not wish to meddle. Therefore, I say unto you: "Take ye him and judge him according to your law." If I am not to know the specific charge against him, I will not assume cognizance of the case. If the accusation and the facts relied upon to support it are not placed before me, I will not sentence the man to death; and, under the law, you cannot.
The Jews were thus thwarted in their designs. They had hoped to secure a countersign of their own judgment without a retrial by the governor. They now found him in no yielding and accommodating mood. They were thus forced against their will and expectation to formulate specific charges against the prisoner in their midst. The indictment as they presented it, is given in a single verse of St. Luke:
"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."[71]
It is noteworthy that in this general accusation is a radical departure from the charges of the night before. In the passage from the Sanhedrin to the Prætorium, the indictment had completely changed. Jesus had not been condemned on any of the charges recorded in this sentence of St. Luke. He had been convicted on the charge of blasphemy. But before Pilate he is now charged with high treason. To meet the emergency of a change of jurisdiction, the priestly accusers converted the accusation from a religious into a political offense. It may be asked why the Sanhedrists did not maintain the same charges before Pilate that they themselves had considered before their own tribunal. Why did they not lead Jesus into the presence of the Roman magistrate and say: O Governor, we have here a Galilean blasphemer of Jehovah. We want him tried on the charge of blasphemy, convicted and sentenced to death. Why did they not do this? They were evidently too shrewd. Why? Because, in legal parlance, they would have had no standing in court. Why? Because blasphemy was not an offense against Roman law, and Roman judges would generally assume cognizance of no such charges.