(31) Take ye him, and judge him according to your law.--Pilate takes them at their word. They claim the judicial right; let them exercise it. Their law gave them power to punish, but not the right of capital punishment. If they claim that the matter is wholly within their own power of judgment, then the sentence must also be limited to their own power. He can only execute a sentence which is pronounced by himself after formal trial.

It is not lawful for us to put any man to death.--Their words admit that they did not possess the power of life and death, while they imply that they had sentenced Jesus to death. They verbally give up the power, but in reality claim it, and regard the procurator as their executioner. The Jews had lost this power since the time that Archelaus was deposed, and Judaea became a Roman province (A.D. 6 or 7). The Talmud speaks of the loss of this power forty years or more before the destruction of Jerusalem. (Comp. Lightfoot's Note here, and in Matthew 26:3.)

On the stoning of Stephen, which was an illegal act, comp. Notes on Acts 7:57 et seq.

18:28-32 It was unjust to put one to death who had done so much good, therefore the Jews were willing to save themselves from reproach. Many fear the scandal of an ill thing, more than the sin of it. Christ had said he should be delivered to the Gentiles, and they should put him to death; hereby that saying was fulfilled. He had said that he should be crucified, lifted up. If the Jews had judged him by their law, he had been stoned; crucifying never was used among the Jews. It is determined concerning us, though not discovered to us, what death we shall die: this should free us from disquiet about that matter. Lord, what, when, and how, thou hast appointed.Then said Pilate unto them,.... Either ironically, knowing that they did not, or it was not in their power, to judge in capital causes; or seriously, and with some indignation, abhorring such a method of procedure they would have had him gone into, to condemn a man without knowing his crime, and having evidence of it:

take ye him, and judge him according to your law; this he said, as choosing to understand them in no other sense, than that he had broken some peculiar law of theirs, though they had otherwise suggested; and as giving them liberty to take him away to one of their courts, and proceed against him as their law directed, and inflict some lesser punishment on him than death, such as scourging, &c. which they still had a power to do, and did make use of:

the Jews therefore said unto him, it is not lawful for us to put any man to death; thereby insinuating, that he was guilty of a crime, which deserved death, and which they could not inflict; not that they were of such tender consciences, that they could not put him to death, or that they had no law to punish him with death, provided he was guilty; but because judgments in capital cases had ceased among them; nor did they try causes relating to life and death, the date of which they often make to be forty years before the destruction of the temple (i); and which was much about, or a little before the time these words were spoken: not that this power was taken away wholly from them by the Romans; though since their subjection to the empire, they had not that full and free exercise of it as before; but through the great increase of iniquity, particularly murder, which caused such frequent executions, that they were weary of them (k); and through the negligence and indolence of the Jewish sanhedrim, and their removal from the room Gazith, where they only judged capital causes (l): as for the stoning of Stephen, and the putting of some to death against whom Saul gave his voice, these were the outrages of the zealots, and were not according to a formal process in any court of judicature. Two executions are mentioned in their Talmud; the one is of a priest's daughter that was burnt for a harlot (m), and the other of the stoning of Ben Stada in Lydda (n); the one, according to them, seems to be before, the other after the destruction of the temple; but these dates are not certain, nor to be depended upon: for since the destruction of their city and temple, and their being carried captive into other lands, it is certain that the power of life and death has been wholly taken from them; by which it appears, that the sceptre is removed from Judah, and a lawgiver from between his feet; and this they own almost in the same words as here expressed; for they say (o) of a certain man worthy of death,

"why dost thou scourge him? he replies, because he lay with a beast; they say to him, hast thou any witnesses? he answers, yes; Elijah came in the form of a man, and witnessed; they say, if it be so, he deserves to die; to which he answers, "from the day we have been carried captive out of our land, , we have no power to put to death".''

But at this time, their power was not entirely gone; but the true reason of their saying these words is, that they might wholly give up Christ to the Roman power, and throw off the reproach of his death from themselves; and particularly they were desirous he should die the reproachful and painful death of the cross, which was a Roman punishment: had they took him and judged him according to their law, which must have been as a false prophet, or for blasphemy or idolatry, the death they must have condemned him to, would have been stoning; but it was crucifixion they were set upon; and therefore deliver him up as a traitor, and a seditious person, in order thereunto.

(i) T. Bab. Sabbat, fol. 15. 1. Sanhedrin, fol. 41. 1. T. Hieros. Sanhedrin, fol. 18. 1. & 24. 2. Juchasin, fol. 51. 1. Moses Kotsensis pr. affirm. 99. (k) T. Bab. Avoda Zara fol. 8. 2. Juchasin, fol. 21. 1.((l) Gloss. in T. Bab. Avoda Zara, fol. 8, 2.((m) T. Hieros. Sanhedrin, fol. 24. 2.((n) Ib. fol. 25. 4. (o) T. Bab. Beracot, fol. 58. 1.