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TOPIC: Schilder, Klaas - Vol 2 - Christ on Trial (Other Topics in this Collection)
SUBJECT: 22. Chapter 22: Christ Jesus Completely Outlawed
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C H A P T E R T W E N T Y - T W O
Christ Jesus Completely Outlawed
And Pilate, when he had called together the chief priests and the rulers and the people, said unto them, Ye have brought this man unto me, as one that perverteth the people: and, behold, I, having examined him before you, have found no fault in this man touching those things whereof ye accuse him: No, nor yet Herod: for I sent you to him; and, lo, nothing worthy of death is done unto him. I will therefore chastise him, and release him.
—Luk_23:13-16.
CHRIST, still wearing His gorgeous robe, was sent back from Herod to Pilate. Herod did not complete the consideration of the charges which were named against Him.
True, he did say to God — think of the mock comedy which he staged — that he would have nothing more to do with this man, but he carefully avoided telling Pilate as much. He undertook to deal brutally with Jesus in the world of spiritual things, a world seen by angels and similar powers, but he did not dare to set down his conclusion on official state papers. State papers, after all, will be read by man; and men are more dangerous than angels. And Herod did not dare to write on such a document the verdict “He is guilty” nor the verdict “He is not guilty.” His conclusion in the presence of the people amounts to a simple non liquet: I do not know. It is easier to reach a conclusion about Christ in the presence of God than in the presence of the people. Had Herod given his conclusions in terms of secular law, or in terms of the rules of government as they functioned at that time, he would have had to draw up a written formulation which would have reached the public eye. That he did not want to do. He succeeded in dismissing Jesus from his own conscience but not from the “popular conscience.” Hence he sent Jesus back unaccompanied by a writ of advice, be it in the direction of an acquittal or of condemnation. He did not make use of his right to handle and to despatch this “case” from Galilee.
Thus it is that Christ appears before Pilate a second time. What will happen now? The verdict cannot be withheld much longer.
The answer to this question comes quickly. It is this: Jesus is made Christ the outlaw.[1] He had been that before. Now he becomes that completely.
[1] Used here and throughout this work not in the sense of a “rebel,” but as “one having no rights.”
Things happened in this way. In the earlier stages of this trial, Pilate had already made an important mistake. He had already officially declared that he could find no fault in Jesus, but he went on, nevertheless, to actions which were incompatible with this declaration. That mistake comes back with a vengeance now. He has involved Herod in the case, but his conduct in this respect does not have the desired result. Hence he must reach his own conclusion, and the case is now more difficult than before. If he releases Jesus, he may be blamed for having taken upon himself the prerogative of engaging in the preliminary hearing. Just suppose for a moment that those troublesome Jews decide to appeal the case to a higher court. That would weaken Pilate’s position immeasurably. However, if without any further formality, he condemns Christ to death, he is inconsistent, for his formal official declaration stated that he had not yet found legal grounds for such action. Add to this the fact that his own conscience does not quite allow him to take this drastic step.
Moreover, it may be that a kind of indefinite fear of the people constitutes a third difficulty in his present consideration of the case. Pilate knew that there were many among the people who esteemed the Nazarene very highly and lauded Him unstintedly. The Pharisees had themselves openly declared that Christ was indeed exercising a great influence upon the people. Besides, the reports of Jesus’ triumphal entry into Jerusalem a few days before were evidence enough to confirm the fact that He was very palpably affecting the mass mind. Now a death sentence based upon superficial reasons in such circumstances might very well get Pilate into difficulty with the people. If he issued a death sentence he might continue to live in harmony with the leaders, but would do so at the expense of the favor of the masses themselves. Not that Pilate dreaded this greatly — many a time he had provoked and annoyed the people — but, in the last analysis, what does one do when one wants, above all things, to have peace? What must a Pilate do who is unable to follow the profound discussions as to the nature of truth? One who asks “What is truth?” must, as we have said before, also ask that other question: “What is justice?”
That second question raises itself at once. In his confusion, Pilate calls the whole assembly together again. Yes, he wants to talk with the leaders once more, for these after all were the original accusers; but he also wants to call the people into this troublesome case. Our text tells us plainly that he brought the people, the masses, whose curiosity had induced them to gather in one place in order to await the final decision, into his second hearing. We remember that once before this Pilate had personally conducted Christ out of the praetorium, in order to question Him there in the presence of the people who were with Him. Pilate does not neglect to make use of the same means now. He appeals in particular to that moment in the preceding hearing, in which the case had been dealt with publicly. He recapitulates the course of the proceedings, and emphatically states that even if he should put the accusation in its acutest form, its untenability would be obvious. At least — this was a milder and more cautious way of putting it — he had to deny that a clear presentation of evidence had accompanied the charges. You have presented this man to me, he tells the masses, as one who perverts the people. Note, in this connection, that Pilate puts the charge which is stated mildly in Luk_23:2 in more acute form. The sense of the word used in the second verse of the chapter is that He merely made the people restless, that He excited their emotions, and that He raised problems, which in the long run might prove dangerous for the peace of mind of the people. The sense of the word used in Luk_23:23 has a sharper directness. It says that Jesus perverts the people. That is the equivalent of saying that Jesus is teaching revolution and that He has already an incipient revolutionary movement under way. Naturally Pilate bases his choice of this word upon the various debates which gradually amplified the original charge. In the course of the discussions that original accusation had taken on ever severer connotations. Hence the thrust of Pilate’s statement now is this: Even though I accept your accusation at its worst, I cannot prove His guilt. I have heard nothing of the fact that He has stirred up a revolution. Moreover, Herod, he adds, is of the same mind as I. I have had Herod consider the case.[1] He, too, has not advised condemnation. He has not told me expressly that I may justly sentence Him, to say nothing of sentencing Him to death. And Pilate goes on: Is not that fact significant? Personally I know only about what has happened in Jerusalem and in the neighboring vicinity of Judea. As a matter of fact, it might have been possible that the accused man conducted Himself differently in Galilee where Herod has jurisdiction than in this capital or in this neighborhood. But Herod, too, has not regarded Him as worthy of death. Now if it were true that the defendant had disturbed the people in Galilee or begun revolutionary movements there, Herod could not have ignored that fact. Hence, my conclusion is that He has done nothing wrong; surely nothing worthy of the death penalty.
[1] There is some difference of opinion about how Luk_23:15 should be read. Our official state translation has it: I have sent you to him. But other manuscripts have a different version; for example: I have sent Him (Jesus) to him (Herod); and: He (Herod) has sent Him (Jesus) to us. Which of these versions is the original one is a question that has no bearing upon our argument, however, and with this we drop the matter.
Now if Pilate had been a ruler who was aware of the implications of his office, and had lived up to the demands it made upon him, this, as far as Jesus was concerned, would have been the irrevocable conclusion of the matter. Christ would have been set free for no other reason than a lack of evidence against Him. But the terrible truth is that Pilate does not stop at this. He goes on. In his attempt to satisfy all parties concerned, he says: I will chastise Him, and set Him free.
Observe that by the statement “I will chastise Him,” Pilate is saying nothing about the nature of the chastisement which he has in mind for Jesus. It is not necessary to suppose that this has reference to the scourging which was inflicted upon Jesus later. The word which Pilate uses and which has been translated “chastises” is in the original a very general term. It may designate a light chastisement or a severe one. Pilate does not state which he means to inflict. The only thing which is definite is that he wishes to give Jesus a lesson which He will remember. Moreover, it will be a painful lesson, and will be given in such a way that Jesus’ life as a leader of the people will in the future be impossible. That, then, must be the last to be heard of the case.
Those who wish to marvel at the cleverness, at the craftiness to which an embarrassed man can sometimes resort will find abundant matter here. Moreover, remember that the device to which Pilate resorted was “from his point of view” a desirable one. By chastising Jesus, Pilate hoped to save the prestige of the leaders of the people. These members of Israel’s highest tribunal would thus be spared the reproach which would have been theirs as the result of a futile appeal to Pilate. Moreover, Jesus’ influence among the people would by the same act be given a serious blow. On the other hand, those among them who were kindly disposed towards Jesus would be unable to blame Pilate for having sentenced a righteous man to death. In spite of those considerations, however, his idea of compromise places Jesus officially and definitely outside of the province of the law. Even if the chastisement were to consist of a single stroke of the whip, or of a mere public reprimand, even so slight an act of discipline would be taking place outside of what was officially legal, and would be inflicted upon Jesus only for the sake of Pilate and the Jews. They must vindicate themselves, and assert themselves; and Jesus by foul means or fair must be made to serve this purpose. That is why this occasion marks a new stage in the history of Christ’s passion.
Now we know that the idea of the Christ, of the outlaw, has demanded our attention again and again. The first time was when the servant, in the presence of Annas and with his consent, struck Christ. Later we observed that Christ was made an outlaw in the presence of the Sanhedrin which mocked Him. Thereupon Herod, too, insulted the Christ as an outlaw by mocking Him and by giving Him the “gorgeous robe” to wear. Now, however, the torture of this suffering becomes a perfect torture. Now Christ is being named an outlaw by Pilate also, by Roman justice, by the government of the official world empire. Publicly declared to be such? No, not that exactly, but amounting to that just the same. Proclamations, after all, cost the price of the paper on which they are written, and the name of an outlaw does not appear on paper. The only ones to write about such a man will eventually prove to be the Spirit of God and a few fisher-folk, and, possibly, a disciple of Gamaliel.
However, we look upon the Christ as the Surety. Hence we recognize in the concept of Christ the outlaw not merely the vindictiveness of men but also the penalty which God’s own justice inflicted upon Him as the Mediator. Therefore we particularly may not overlook this event. We must give it adequate attention, for, irrespective of what Pilate may plan or perform in the future, as long as he fails to rescind the statement he has made, Christ’s status officially remains that of one placed outside of the province of law.
And Pilate did not rescind his statement.
Therefore our Saviour was thrust outside of the reach of all laws, and was by the whole world declared to be an outlaw.
He is the outlaw to the Jews, that is to Abraham and to Moses.
He is the outlaw to Esau, that is to the false brother.
He is, in the last analysis, the outlaw to Rome, to the corpus juris of the world empire, to godless culture, to the power and the realm of the Beast.
Therefore summon every law to testify against Jesus, summon existing laws and conceivable laws, profane laws and holy laws, religious and cultural laws, utilitarian and divine laws, consilia evangelica and humana, summon the fas of divine justice and the jus of human justice,—summon these all, and you will find that not a single law in the whole world will fail to testify against Christ by saying: I do not know Thee, whence Thou art; I never knew Thee; depart, and be as one who is accursed. For even the last, the most inclusive pale of law into which Christ was finally coerced (the law of Rome) has now definitely declared: Law has nothing further to say of that man; He stands outside of the scope of law.
On this occasion Christ is an outlaw not only as the Christ, as the Messiah, as He declared Himself to be in the presence of the Sanhedrin, but also as Jesus, as the historical personage, as a citizen of Rome, as one enrolled in the registers of the world. What we see here, then, is Jesus Christ officially and definitively named an exile to the domain of law.
In God’s dictionary such a status is named a curse. It is a curse to the extent at least to which human beings can express and develop one. And the curse of God against His Son is involved in this curse of men.[1]
[1] Concerning the relationship of God’s justice and that of men in reference to Christ the outlaw we shall say something in the next volume of this work.
Pilate’s godless proposal therefore represents a most bitter experience of spiritual suffering to the Christ. The scourgings which are to follow will surely be unable to injure Him as much as this compromise of Pilate which, as the last and most inclusive legal jurisdiction, names Him an outlaw. Yes, Christ knew this was coming before this happened. We repeat,[2] however, that although He knew it beforehand, He first experiences it now. It is this experience of the curse which constitutes a new suffering for the Man of sorrows. The severest part of that suffering does not consist’ of the formal surrender of Christ to death, as that surrender follows later, but consists of this official placement of Christ outside of the law. The rest is a logical outcome of this.
[2] We mentioned it also in Chapter 10, p. 201 f.
Those of us who read this story of Jesus’ suffering with fear and trembling can only feel a profound sense of shame on this occasion. For Christ who as the Surety was excommunicated by all known laws proved by this to be the second Adam. His excommunication pictures our own. Here all authority, all conceivable authority including the authority of God, stands over against us with an unsheathed sword and says to the lost sinner: Depart, for you there is no room left anywhere. The writing of laws happens quite without reference to your being lost.
The unsheathed sword — the first Adam knew of that when he was driven from Paradise. But today the curse, the suffering, is even more severe. For when the first man was driven from Paradise, he was still lighted on his way by the sun of God’s mercy. He entered into the wide world, but before him lay the expansive history of many centuries, in which he would, of course, have to suffer the curse of sin, but in which common grace[3] would temper that curse, and would give him a life which would be made bearable by law and order. The first Adam, although driven out of his Paradise, can still proceed under the protection of an evangelical power, of a divine love which is ever seeking the Messiah, and which ever and again mitigates the curse by the power and the will of the God of all grace. Hence Adam receives a great gift in his lost country: the gift of a natural law and order and of a preservative jurisprudence.
[3] See page 152 f., Chapter 7, “Christ Vanquishing the Vicious Circle as the Son of Man”
But the institution of this general history, which by means of common grace still gives our human life the possibility of existence and of development, has been awaiting this terrible hour in which the second Adam should be made the outlaw completely.
When Cain was given the “sign” assuring him that no lawlessness would be allowed to destroy him, and that he should never find himself out of the province of law, even he was already tasting of the fruits of this hour in Christ’s suffering. And Cain did not even desire this life which issues from the Christ of God.
Hence we should be on guard. Those living in the world today should be wary. The question is not whether the sign of Cain will protect us, but whether or not we are truly redeemed by Christ the outlaw, and are born into that circle of law whose boundaries are circumscribed by grace. Christ the outlaw shows us plainly what will one day become of the man who has not chosen Him as his Saviour. Just behind the gate of the other life the devil stands ready to make the man who was satisfied to let Christ remain an outlaw realize what the nature of his corrupt choice has been.
Now we know, of course, that the status of the outlaw will not obtain in hell (see page 184) (for God asserts himself there also as a Maintainer of law), but it is true, nevertheless that those in hell feel that they are outlaws both to themselves and to others. The order of laws which human beings on earth know will be irrelevant to them there. And inasmuch as sin on earth has seized upon human law in an effort to escape from divine law, the bane of the thoughts of those in hell will consist of the fact that God will give them no other law to manipulate save that law of God which lost man eternally despises.
Viewed from God’s side, therefore, the status of the outlaw does not exist in hell, but from the human point of view it most certainly does exist. Man’s own laws will betray him there; that precisely will be his suffering: his own laws will mock him.
That will be Satan’s way of eternally vexing those whom he has destroyed. In the abyss of sin and death God does not really recognize the status of the outlaw, but Satan will continue gloating over the concept of the outlaw. In hell man is outlaw to himself and the mockery and insult of that, Satan will always be hurling into the faces of his victims.
It was not for nothing that Pilate, the last speaker for all earthly tribunals, degraded Christ to the level of an outlaw. The second Adam, was, by the bastard sons of the first Adam, deprived of the privileges which even Cain was allowed to retain.
This fact the Supreme Assize of heaven will not forget in all eternity. Tremble, son of man, for the Supreme Assize and the Judge conclude alike inasmuch as they are one. In the last day verdict and charge will coincide and will support each other eternally.
Chastisement to God is a blessing, and a fruit of the “release” pleaded for by Christ, or else it is a chastisement of penalty for unrighteousness.
The Court can pronounce one of two sentences in judging us: The sentence of acquittal, “I will chastise you because I have released you,” saith the Lord; or the sentence of condemnation, “Hence I will chastise you and never again release you,” saith the Lord Almighty. In the one case the chastisement comes according to the law of grace and in the other according to the law of the curse and of death.
Christ the outlaw is identical with a world turned upside down. Say not in thine heart: who shall ascend into God’s domain of law? (that is, to bring Christ up from below and rescue Him from the hands of Pilate, see Rom_10:6)
Comfort ye, comfort ye my people, saith my God. Near you is the law; the law is in your mouth and in your heart. The law has been brought you in the gospel of Christ the outlaw. Hear ye this . . . for this is the Word which is preached among us.