Nothing Deserving Death – Luke 23:1-16

There is great debate about whether Jewish authorities had the right to impose capital punishment and execute someone.  In John 18:31 they tell Pilate that they don’t have the authority to put anyone to death.  But we see them challenging Jesus to agree to the stoning of the woman caught in adultery (John 8) and some Jews stoned Stephen to death (Acts 8).  Perhaps they didn’t have the authority to have someone crucified, or they couldn’t have someone executed for sedition, or most likely, even though they didn’t have the authority to impose the death penalty they often did and got away with it because the Romans overlooked religious matters, but with Jesus being such a public figure they knew they could not get away with it.

Then the whole company of them arose and brought him before Pilate. And they began to accuse him, saying, “We found this man misleading our nation and forbidding us to give tribute to Caesar, and saying that he himself is Christ, a king.” And Pilate asked him, “Are you the King of the Jews?” And he answered him, “You have said so.” Then Pilate said to the chief priests and the crowds, “I find no guilt in this man.” But they were urgent, saying, “He stirs up the people, teaching throughout all Judea, from Galilee even to this place.”

   When Pilate heard this, he asked whether the man was a Galilean. And when he learned that he belonged to Herod’s jurisdiction, he sent him over to Herod, who was himself in Jerusalem at that time. When Herod saw Jesus, he was very glad, for he had long desired to see him, because he had heard about him, and he was hoping to see some sign done by him.  So he questioned him at some length, but he made no answer. The chief priests and the scribes stood by, vehemently accusing him. And Herod with his soldiers treated him with contempt and mocked him. Then, arraying him in splendid clothing, he sent him back to Pilate. And Herod and Pilate became friends with each other that very day, for before this they had been at enmity with each other.

   Pilate then called together the chief priests and the rulers and the people, and said to them, “You brought me this man as one who was misleading the people. And after examining him before you, behold, I did not find this man guilty of any of your charges against him. Neither did Herod, for he sent him back to us. Look, nothing deserving death has been done by him. I will therefore punish and release him.”  (Luke 23:1-16 ESV)

The Jewish court says they cannot legally execute Jesus.  They need the Roman legal sanction for this so they go to Pilate, who happens to be in Jerusalem to oversee Passover and make sure no disturbances occur.  When faced with the charges about Jesus being a self-declared king and seeking to create a revolt against Rome, he recognizes their baseless grounding and says so.

Hearing, however, that Jesus is from Galilee gives him warrant to send him to Herod, with whom he has had some conflict, but who he can now show deference to by sending him a case that connects to his jurisdiction.  Herod wants to see Jesus do miracles and gets none, but he too sees that Jesus is innocent of rebellion against Rome, mistreats Jesus, and sends him back to Pilate mockingly robed as a king.

Pilate now determines to set Jesus free after punishing him, hoping that will satisfy the leaders of the Jews and make an example of him to the people.  Here is an opportunity for the Jewish leadership to do the right thing.