(40) And to him they agreed.--The Sadducees, after their manner, would probably have preferred a more violent course, but the Pharisees were strong in the Sanhedrin, and the via media recommended by Gamaliel was, under such circumstances, likely to command a majority, and was, therefore, apparently accepted without a division.

And beaten them.--Here we trace the action of Caiaphas and the priests. They were not content without some punishment being inflicted, and the party of Gamaliel apparently acquiesced in this as a compromise in the hope of averting more violent measures. And this is accordingly to be noted as the first actual experience of persecution falling on the whole company of the Twelve, and not on Peter and John only. They were probably convicted of the minor offence of causing a disturbance in the Temple, though dismissed, as with a verdict of "not" proven, "on the graver charge of heresy. The punishment in such a case would probably be the "forty stripes save one," of Deuteronomy 25:3 and 2Corinthians 11:24.

Verse 40. - Called unto them (προσκαλεσάμενοι) for simply called, A.V.; they beat them and charged them for and beaten them, they commanded, A.V.; not to speak for that they should not speak, A.V.

5:34-42 The Lord still has all hearts in his hands, and sometimes directs the prudence of the worldly wise, so as to restrain the persecutors. Common sense tells us to be cautious, while experience and observation show that the success of frauds in matters of religion has been very short. Reproach for Christ is true preferment, as it makes us conformable to his pattern, and serviceable to his interest. They rejoiced in it. If we suffer ill for doing well, provided we suffer it well, and as we should, we ought to rejoice in that grace which enabled us so to do. The apostles did not preach themselves, but Christ. This was the preaching that most offended the priests. But it ought to be the constant business of gospel ministers to preach Christ: Christ, and him crucified; Christ, and him glorified; nothing beside this, but what has reference to it. And whatever is our station or rank in life, we should seek to make Him known, and to glorify his name.And to him they agreed,.... They were convinced and persuaded by his reasonings, approved of his advice, and agreed to follow it:

and when they had called the apostles; into the council again, having sent their servants for them, or ordered them to be brought in:

and beaten them; or scourged and whipped them with forty stripes save one, whereby was fulfilled what Christ had foretold, Matthew 10:17

they commanded they should not speak in the name of Jesus; as they had strictly commanded them before, Acts 4:18. Perhaps both in this, as well as in bearing the apostles, they did not closely attend to Gamaliel's counsel, who advised them to keep their hands off of them, and not hinder them, but let them alone in what they were about: but this might be thought by them not to their reputation, nor sufficiently asserting their authority, to dismiss them, without saying or doing anything to them:

and let them go; from the council to their own company: they released them, and loosed them from their bonds; they set them at liberty, and let them go where they would; and so far they followed Gamaliel's advice.