Trial and Condemnation of Jesus as a Legal Question. 455 him with his men of war, and sent him again to Pilate. But Pilate's resources were not yet exhausted. What little conscience he had having been pricked by the adjuration of his wife, " Have thou nothing to do with this just man," he called to his mind the custom of the Passover Feast, that of releasing unto them a prisoner; and he then had a notable one called Barabbas, recommended by the fact that he had com mitted a murder and was guilty of robbery and sedition, — the latter a crime they had been trying to fasten upon Jesus, which Pilate knew to be false. So Pilate asked which he should release, Barabbas or Jesus, but the crafty priests persuaded the multi tude to clamor for the murderer and robber. Still Pilate attempted to stem the popular clamor by the use of the time-server's remedy, a compromise, saying that as both Herod and himself had examined Jesus touching the crime of which he was accused and found nothing worthy of death, he would there fore chastise him and let him go. Poor, weak, human nature, that in the presence of opposing force sinks courage, manhood, jus tice! If Jesus was innocent, as Pilate de clared and believed, why was he not set free? If guilty, why proclaim his innocence and then scourge him? The Jews did not ask that he be scourged; they asked that he be crucified. Yet Pilate trying to compro mise with wrong, where the eternal prin ciples of right demanded that right be done, did both scourge and crucify. His soldiers, — for the Jews took no part in this — at the instigation of Pilate took Jesus, scourged him, plaited a crown of thorns and put it on his head; they put on him a purple robe, a reed in his hand, smote him with their hands, and said, " Hail, King of the Jews!" We may better understand the cruelty and inhumanity of this proceeding by under standing what scourging was. With the Jews it was a comparatively harmless and merciful punishment. The number of blows were not allowed to exceed forty, and for fear of mis-count it was reduced to thirty-
nine; they were inflicted in the presence of a judge, with a three-plaited lash, and thirteen blows were delivered. With the Romans it was called horibillia, and was in flicted with thongs set with sharp iron points or nails; there was no limitation to the num ber of blows, and it was usually administered with such extreme cruelty that many died under it. Crowning with thorns was not a usual attendant of crucifixion nor of scour ging. The imagination of this generation is not adequate to picture the appearance of the Saviour with bleeding head and crown of thorns, the marks of nails and stripes upon his person, the agony of torture writ ten upon his brow, as he was brought forth by Pilate. " I bring him forth to you, that ye may know that I find no fault in him. Behold the man! " The Jews only cried, "Crucify him! Crucify him! " But Pilate intent yet on escaping criminal guilt, and evidently with some temper, said, "Take ye him and crucify him, for I find no fault in him." It was here for the first time that the Jews asserted the crime for which they had con demned him. In answer to Pilate they said, "We have a law, and by our law he ought to die, because he made, himself the Son of God." Pilate again examines : " ' Whence art thou?' But Jesus gave him no answer. Then saith Pilate unto him, ' Speakest thou not unto me? Knowest thou not that I have power to crucify thee, and have power to release thee? ' Jesus answered, ' Thou couldst have no power at all against me, except it were given thee from above,' and from thenceforth Pilate sought to release him." Here again came the craftiness of the Jews, for neither the charge of treason nor the final one of blasphemy moved Pilate to any other belief than that of innocence. But the Jews knew of a power stronger with Pilate. It lay in the heart of self-interest, and they therefore said, " If thou let this man go, thou art not Caesar's friend. Whosoever maketh himself a king, speaketh against Caesar." This decided the issue in favor of
