The transference of Jesus to Herod (cf. vol. i. 722) is one of St. Luke’s special contributions to the story of the Passion (Luke 23:6-16, cf. Acts 4:27). Whether taken from oral tradition (cf. Justin Martyr, Dial. 103) or from the Jewish Christian source (note the technical Jewish χριστὸν βασιλέα = king Messiah, Luke 23:2) which some critics trace below his narrative, it goes back to the memories of the Christians who belonged to the Herodian entourage (cf. Luke 8:3, Luke 9:4), and ought never to have been suspected by a sane criticism. No satisfactory motive for its invention can be adduced.* [Note: The ordinary theory that Herod is made the representative of Judaism, to exculpate paganism (Pilate), contradicts Luke 23:15.] St. Luke (Luke 13:1) was perfectly aware that, when it suited his purpose, Pilate had no hesitation in killing Galilaeans. The author rightly hints at other motives for his action now. The presence of the high priests and scribes at the interview (Luke 13:10) is, at first sight, certainly a difficulty; it might suggest that here, as perhaps at Luke 22:52 (cf. Luke 22:66), the historian has gone too far in emphasizing the activity of the Jewish authorities. But it is just possible that they feared to let the prisoner out of their sight. Herod was not to he relied on. He might take it into his head to release Jesus out of spite or caprice, as Pilate had threatened to do, and with relentless† [Note: There is a dramatic contrast between the two uses of this Lukan term εὐτόνως here and in Acts 18:28

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Bibliography InformationHastings, James. Entry for 'Trial of Jesus'. Hastings' Dictionary of the New Testament. https://www.studylight.org/dictionaries/eng/hdn/t/trial-of-jesus.html. 1906-1918.