Roman Law in the New Testament

Pilate as Procurator of Judea had various responsibilities. During his rule, a Procurator had rule over a small area (Lane 548-9). Such an office had power to carry out the death penalty (cf. John 18:31), and that they most jealously guarded that power over any other power (Sherwin-White 36). It has been debated that the Sanhedrin may have also had such power only in regards to the Temple, though John’s account of the Gospel disagrees with this. Though Pilate, being a governor of the land that Jerusalem was a part, Jerusalem was not a ‘free city,’ and Roman forces were sanctioned within the city (Sherwin-White 37). Pilate’s authority as Procurator, however, was political, and not theological. Evidence shows, from within the New Testament and from outside sources, that they objected to capital sentences for theological offenses (Sherwin-White 42).

This separation of religious issues in Jewish law and Roman law is apparent in the New Testament on many accounts. During the trial by the Sanhedrin, they had to ‘change’ the charges of blasphemy to a political issue, that Jesus, their rival for the masses’ attention, might be put to death. The one notable accusation that they came up with was that Jesus had said that he would destroy the Temple and rebuild it in three days (Matthew 26:61), in which he did say something similar (John 2:19). However, they could not even agree with each other on this (Mark 14:58). They also had said in John 19:12 that Jesus’ self-acclamation as king would make Him opposed to Caesar, and that letting him go would make Pilate not “Caesar’s friend.” Luke records some of the Sanhedrin’s accusations in Luke 23:2, that He was found “perverting the nation” and “forbidding to give tribute to Caesar.” The latter was the opposite of what was true (Matthew 22:21; Mark 12:17; Luke 20:25).

Pilate, as one can see in the Scripture, cannot be seen as a fair judge. First, he let innocent blood perish, as he even said himself (Matthew 27:24, it also can be traced throughout all of the narratives that Pilate did not think that he was guilty of any political crime). Even with this in mind, Pilate allowed Jesus to be crucified. He was also given over to the rhetoric that the Jews used that Pilate would be betraying Caesar if he would let Him go free (John 19:12). This is not necessarily wrong or illegal under Roman law, for he quite possibly could have been allowed to pardon a prisoner “in response to the populace” (Lane 553). Nonetheless, there is something wrong with the line of thinking in terms of justice if a man is to die for crimes he did not commit. Throughout the Gospel accounts, one also can see that former opposing enemies began to conspire together to rid themselves of Jesus. Just as Pharisees came together with the Sadducees to condemn him, former enemies Herod and Pilate became friends over this issue of the trial of Jesus (Luke 23:12). All people, Jewish and non-Jewish, were Christ’s enemies; this shows us the aloneness of Jesus and the treacherousness of humankind. Those that had supported Him even had left Him. Pilate, therefore, is seen as just another enemy of God (Psalm 22:16).

Paul in his ministry is going to see a lot of the same injustice. He will be on trial often not only for the gospel that he preaches, but for causing a disturbance among crowds. Nonetheless, there will be differences in what he will endure since God has ordained him for a certain ministry that will take him around the Mediterranean world.

Being a Roman citizen under Roman law gave a man a great advantage and freedom. As it is seen from the context of Acts, as well as from what is known of Roman law, it is unlawful to inflict corporal punishment upon a Roman citizen without a trial (MacArthur 1664). This much we infer from the text if we accept it at face value. The instances we see Paul using this in his ministry career are in Acts 16 and 22. The former is the case when Paul and Silas were arrested in Philippi by crippling a slave girl’s masters’ livelihood by casting out a demon. Paul and Silas were beaten with rods (Acts 16:22). This allowed them to share the Gospel with the household of the jailer. However, it was the following day when they revealed to the magistrates that they were Roman citizens, and this put fear into them. This would allow them to be openly released from prison and also give them the ability to return to the brethren that were in Philippi.

The other case of Paul declaring himself a Roman citizen is in Acts 22 when Claudius Lysias, a Roman commander is about to scourge him. The crowd in Jerusalem had went up against him due to accusations that Paul had been preaching against Mosaic law and defiling the Temple (Acts 21:28). People surrounded him from the entire city to beat him, until this commander came to him. Once again, there is no political accusation against him, except that he supposedly created a disturbance among the people. The Jewish people advanced these supposed charges. Lysias understood and believed these charges, as he assumed Paul to be an Egyptian rebel (Acts 21:38). When telling Lysias about his citizenship, Paul was spared the scourging, and was brought before Felix the governor. God used this to spare Paul from the plot against him in Acts 23:15, and also that he might fulfill part of his commission as mentioned in Acts 9:15.

The original charges against Paul, as formerly said, had to do with the nature of his preaching around the world and the supposed bringing of a Gentile into the Temple. Asian Jews that would have seen Paul’s ministry to the Gentiles in Asia brought about this accusation. These men who made the initial charges were not present later on when the trial of Paul began, though such practices the governmental system was trying to prevent (Sherwin-White 52). The first charge, preaching against Mosaic law, was now charged by ‘Jewish clergy,’ and the second charge could not be ‘substantiated’ since there were no witnesses that saw Paul’s Gentile companion in the Temple (Sherwin-White 52). Paul could have put forward an objection to these charges, as Sherwin-White suggests. Nonetheless, Paul seems to take the opportunity to share the Gospel with those who hear him, first with Felix, and then later with Festus and Agrippa. He also appeals his case to Rome.

Interestingly enough, Paul, when stating where he was from, Tarsus, a city in Cilicia (23:34), Felix also said that he would hear the case anyway. As opposed to the former case where Jesus was sent back to Herod as Luke’s gospel notes, this time, Paul will be heard away from his home province. This is out of the ordinary, but Sherwin-White argues this might have to do with the citizenship of Paul (Sherwin-White 55).

Sherwin-White argues that citizenship of a Roman might not have the same bearing in the outskirts of the empire as it did in Italy (Sherwin-White 60). Some of those who were charged of an offense were sent to Rome to be tried, depending on the crime. His Roman privileges he used to appeal to Caesar, that he might go to Rome and extend his ministry there (cf. Acts 23:11).

The New Testament views Roman law with great respect. Paul shows this respect for the rulers that he comes in contact with and uses these opportunities to share the gospel with them. He writes himself to the saints in Rome about submitting to authorities in the government, for they come from God’s divine appointment. This is obviously a corollary to the very verse he quotes when he realized he spoke against the high priest in Acts 23:5 (Exodus 22:28). Throughout what must have been great frustration by being held prisoner for years in regards to a bogus trial, with leaders expecting bribes (24:26), and the hardships that he saw at sea (27:1-28:16), he waited to do God’s will and saw it come to pass (cf. Acts 23:11).

Today, the same applies to believers in Jesus. It is good for Christians to be upright citizens, for today’s rulers are appointed by the same God. Doing good works will keep the Christian blameless, “for rulers are not a terror to good works, but to the evil” (Romans 13:3). There are also times that we “ought to obey God rather than men” (Acts 5:29), for there will be times that obeying God is contrary the order of the world government.

In many parts of the world, the Christian experiences persecution. This is not so in the United States, where even many of the government officials claim to be Christians. But knowing that the world system is against God, this same system will also be against anyone who belongs to God. There will be days in the future when the entire world will be under one ruler and will terrorize Christians, and the Christian must be ready for what will come. Nonetheless, God is faithful. God had a mission in Rome, and He wanted Paul there. What might have seemed terrible actually brought about God’s perfect purpose. The same was with Jesus Christ, who could have destroyed his accusers in a matter of seconds. But Jesus knew that He must die for the sins of humankind. He did this because of His love for you and me.

Lane, William L. The New International Commentary on the New Testament: The Gospel According to Mark. Grand Rapids: William B. Eerdmans, 1974.

MacArthur, John. The MacArthur Study Bible. Nashville: Word Publishing, 1997.

Sherwin-White, A. N. Roman Society And Roman Law In The New Testament. Grand Rapids: Baker Book House, 1978.