Herod’s Tomb. By Deror Avi – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=33318677

(168) When Hyrcanus heard this4 he was persuaded by them. In addition, the mothers of those who had been killed by Herod raised their indignation, for every day in the temple those women kept begging the king and the people that Herod should undergo a trial before the Sanhedrin for what he had done. (169) Hyrcanus was so moved by these complaints that he summoned Herod to come to his trial for the crimes of which he was accused. Accordingly, he came, but his father (Antipater) had persuaded him to come not like a private individual, but with a guard for the security of his person [and that] when he had settled the affairs of the Galilee in the best manner he could to his own advantage, he should come to his trial, but still with a body of men sufficient for his security on his journey, yet with not so great a force as might look terrifying to Hyrcanus, but still a sufficient one as might not leave him unarmed and unprotected [to his enemies]. (170) However, Sextus, governor of Syria, wrote to Hyrcanus and asked him to clear Herod and acquit him at his trial, and threatened him beforehand if he did not do so. This letter of his gave Hyrcanus a pretext for delivering Herod from suffering any harm from the Sanhedrin, for he loved him as his own son. (171) In addition, when Herod stood before the Sanhedrin with his body of men around him, he frightened them all. None of his former accusers dared after that to bring any charge against him. There was instead a deep silence, and nobody knew what was to be done.

(172) While they were in this state, one whose name was Sameas,5 a righteous man above all fear, rose up and said, “O, you who are councilors with me, and you, our king, I have myself never known such a case nor do I suppose that any one of you can name its parallel. One who was called to stand trial never stood in such a manner before us. But every one, whoever he may be, who comes to be tried by this Sanhedrin, presents himself in a submissive manner, like one who is in fear of his life and who endeavors to move us to compassion, with his hair disheveled and in a black mourning garment. (173) But this fine fellow Herod, who is accused of murder and called to answer so serious an accusation, stands here clothed in purple with the hair of his head finely trimmed and with his armed men about him. If we condemn him according to our law, he may kill us and by overpowering justice may himself escape death. (174) Yet I do not make this complaint against Herod himself. He is, too, more concerned for himself than for the laws. But my complaint is against you yourselves and your king who give him a license to do so. However, take notice that God is great, and that this very man, whom you are going to absolve and dismiss for the sake of Hyrcanus, will one day punish both you and your king also.”

(175) Sameas did not make a mistake in any part of this prediction. For when Herod had received the kingdom, he killed all the members of this Sanhedrin and Hyrcanus, except for Sameas. (176) For he had great respect for him on account of his righteousness and because when the city was afterwards besieged by Herod and Sossius, he persuaded the people to admit Herod into it and told them that for their sins they would not be able to escape his hands—matters which will be related by us in their proper places.7

(177) But when Hyrcanus saw that the members of the Sanhedrin were ready to pronounce the sentence of death upon Herod, he put off the trial to another day and sent privately to Herod, advising him to flee from the city in order to escape. (178) So he retired to Damascus, as though he fled from the king. When he had been with Sextus and had made his own affairs secure, he resolved to do this—that in case he were again summoned before the Sanhedrin to stand trial, he would not obey the summons. (179) Thereupon, the members of the Sanhedrin became very indignant at this state of affairs, and endeavored to persuade Hyrcanus that all these things were directed against him. Of this state of affairs he was not ignorant, but his temperament was so unmanly and so foolish that he was incompetent to do anything.

(180) But when Sextus made Herod general of the army of Celestyria, for he sold him that post for money, Hyrcanus was in fear lest Herod should make war upon him. The effect of what he feared was not long in coming, for Herod came and brought an army along with him to fight against Hyrcanus, being angry because of the trial he had been summoned to undergo before the Sanhedrin. (181) But his father Antipater and his brother [Phasaelus] met him and prevented him from assaulting Jerusalem. They also pacified his vehement temper and persuaded him to undertake no violent action but only to frighten them with threats and to proceed no further against one who had given him the dignity he had. (182) They also asked him not to be angry that he was summoned and obligated to come to his trial but to remember that he was dismissed without condemnation, and that he ought to give Hyrcanus thanks for that and that he should not consider only what was disagreeable to him and be ungrateful for his deliverance. … (184) Herod was persuaded by these arguments and believed that it was sufficient for his future hopes merely to have made a show of his strength before the nation. This, then, was the state of affairs in Judea.

3. All passages from Josephus trans. W. Whiston, The Works of Josephus (Peabody, MA: Hendrickson, 1987), revised by L. H. Schiffman in consultation with H. St. J. Thackeray, Ralph Marcus, Allen Wikgren, and L. H. Feldman, trans., Josephus: In Nine Volumes (Loeb Classical Library; Cambridge: Harvard University Press, 1976–79).

4. In Ant. XIV, 165–7 the “chief Jews” lodged their accusation with Hyrcanus II that Herod had executed alleged criminals without trial, in violation of the law.

5. Probably the Pharisaic sage Shemaiah, known from Mishnaic sources.

6. 39 B.C.E.

7. Ant. XV, 3–4.