If we regard Jesus simply as a Jewish citizen, and with no higher character, this conviction seems substantially right in point of law, though the trial were not legal in all its forms. For, whether the accusation were founded on the first or second commands in the decalogue, or on the law, laid down in the thirteenth chapter of Deuteronomy, or on that in the eighteenth chapter and twentieth verse, he had violated them all, by assuming to himself powers belonging alone to Jehovah. And even if he were recognized as a prophet of the Lord, he was still obnoxious to punishment, under the decision in the case of Moses and Aaron, before cited. It is not easy to perceive on what ground his conduct could have been defended before any tribunal, unless upon that of his superhuman character. No lawyer, it is conceived, would think of placing his defence upon any other basis.
The great object of exciting the people against Jesus being thus successfully accomplished, the next step was to obtain legal authority to put him to death. For though the Sanhedrim had condemned him, they had not the power to pass a capital sentence; this being a right which had passed from the Jews by the conquest of their country, and now belonged to the Romans alone. They were merely citizens of a Roman province; they were left in the enjoyment of their civil laws, the public exercise of their religion, and many other things relating to their police and municipal regulations; but they had not the power of life and death. This was a principal attribute of sovereignty, which the Romans always took care to reserve to themselves in order to be able to reach those individuals who might become impatient of the yoke, whatever else might be neglected. _Apud quos (Romanos), vis imperii valet; inania transmittuntur_.(355) The jurisdiction of capital cases belonged ordinarily to the governor general or _Præses_ of a province, the _Procurator_ having for his principal duty only the charge of the revenue and the cognizance of revenue causes. But the right of taking cognizance of capital crimes was, in some cases, given to certain _Procurators_, who were sent into small provinces, to fill the places of governors, (_Vice Præsides_,) as clearly appears from the Roman laws. The government of all Syria was at this time under a governor general, or _Præses_; of which Judea was one of the lesser dependencies, under the charge of Pilate as _Vice Præses_, with capital jurisdiction.(356)