When Pilate heard the words ―Galilee‖ he asked whether Y‘shua was a Galilean. He must immediately have
realised that this was another opportunity to get rid of the case. If Y‘shua belonged to Galilee, the man to
handle his trial should be the local ruler of Galilee, Herod. Pilate, while he could have given Y‘shua a full trial
himself, also had power after a preliminary examination to remit the case to Herod who was also in
Jerusalem at that time. Not only did this get Pilate out of a painful dilemma, but it was a diplomatic master
stroke.
Sometime previously, Pilate and Herod had quarreled badly; this gesture on Pilate‘s part would help to heal
the breach. Pilate hoped that not only would Herod now deal with this case but that he would be flattered as
well.
The trial of Herod - the second Roman trial
So Y‘shua now went to be tried by Herod. This particular Herod – Herod Antipas – was the son of the Herod
who ordered the slaughter of the babies in Bethlehem when Y‘shua was born. It was Herod Antipas who had
murdered John the Immerser at a whim of his step-daughter and who was at this time living with Herodias,
the wife of his own brother Phillip.
When he saw Y‘shua he was delighted, for he had wanted to see him for a long time. When Herod first heard
of Y‘shua ―...he was perplexed, because that it was said of some, that John was risen from the dead; And of
some, that Elias had appeared; and of others, that one of the old prophets was risen again.‖ (Luke 9:8-9)
Subsequently, Herod had tried to kill Y‘shua, mainly because of this superstitious fear that he was John the
Immerser who had risen from the dead. This was now his hour of opportunity. He was hoping to see Y‘shua
perform a miracle. Herod tried to cross-examine Y‘shua as a lawyer cross-examines a witness, but he was
disappointed Y‘shua was not willing to satisfy his idle curiosity and work a few miracles for the entertainment
of him and his friends. He answered none of the questions that were put to him.
Y‘shua was exercising an elementary legal right when he remained silent. But his silence meant more than
this. It spoke more eloquently than words. While Y‘shua had answers for his Jewish and Roman judges he
had no answer for this murderer playing at holding a court of justice. Nothing could have been more galling
to Herod than the silence with which his questions were received. Herod was infuriated. He joined his
soldiers in ridiculing and mocking Y‘shua.
―And Herod with his men of war set him at nought, and mocked him, and arrayed him in a gorgeous robe,
and sent him again to Pilate.‖ (Luke 23:11)
Dressing Him in elegant robe, they sent Him back to Pilate. That day Herod and Pilate became friends –
before this they had been enemies. Pilate had paid his respects to Herod; and in turn, Herod had paid his
respects to Pilate by sending Y‘shua back.
Behind all this was Herod‘s refusal to deal further with this case. Why did he miss this opportunity of giving
Y‘shua a proper trial and passing a sentence of death upon him? Deep down Herod feared Y‘shua. His
conscience still bothered him about the murder of John the Immerser. Also, while he was willing to join in
mocking Y‘shua, it was quite another thing to try him and sentence him to death. Herod knew that He had
done nothing worthy of this. Once again, the ball was back in Pilate‘s court.
The third Roman trial - back at Pilate
The return of Y‘shua to Pilate was bitter, though not an unexpected blow. Pilate thought he had gotten rid of
this case; but like a boomerang, it came back to him and now he had to take some action.
The crowds were getting out of control, and Pilate‘s authority as governor was seriously threatened. But he
was still a just man and for the second time he declared that Y‘shua was innocent.
―You brought this man to me and accused him of inciting the people to revolt. I have conducted my
investigation in your presence and have not found this man guilty of the charges you have brought against
him, nor did Herod, for he sent him back to us. So no capital crime has been committed by him. Therefore I
shall have him flogged and then release him.‖ (Luke 23:14-16)
This punishment was flogging; and despite its illegality, Pilate hoped that this cruelty would satisfy the crowd.
But to them this was a sign that Pilate was weakening. Far from being satisfied, they demanded that Y‘shua
be crucified.