They answered and said unto him, If he were not a malefactor, we would not have delivered him up unto thee.

They answered and said unto him, If this man were not an evil-doer, we should not have delivered him up unto thee.

"If the man were not a criminal," they replied, "we would not have handed him over to you."

They said to him in answer, If the man was not a wrongdoer we would not have given him up to you.

They responded and said to him, "If he were not an evil-doer, we would not have handed him over to you."

"If he had not been a criminal, we should not have given him up to you," they answered.

If he were not a malefactor, we would not have delivered him to thee. They indirectly complain of Pilate, that he has not a proper reliance on their integrity. "Why do you not, without further concerns" say they, "hold it to be certain, that the person whom we prosecute deserves to die?" Such is the manner in which wicked men, whom God has raised to a high degree of honor, blinded as it were by their own greatness, allow themselves to do whatever they choose. Such, too, is the intoxicating nature of pride. [1] They wish that Christ should be reckoned a malefactor, and for no other reason [2] but because they accuse him. But if we come to the truth of the matter, what deeds of a malefactor shall we find in him, except that he has cured every kind of diseases, has driven the devils out of men, has made the paralytics and the lame to walk, has restored sight to the blind, hearing to the deaf, and life to the dead? Such were the real facts, and those men knew them well; but, as I said a little ago, when men are intoxicated with pride, nothing is more difficult than to arouse them to form a sound and correct judgment.

Footnotes

1 - "Voyla aussi comme orgueil remplit les gens d'une yvrognerle, et les met hors du sens." -- "See, too, how pride fills people with a sort of drunkenness, and puts them out of their senses."

2 - "Et non pour autre raison."

If he were not a malefactor - A violator of the law. If we had not determined that he was such, and was worthy of death, Matthew 26:66. From this it appears that they did not deliver him up to be tried, but hoped that Pilate would at once, give sentence that he should be executed according to their request. It is probable that in ordinary cases the Roman governor was not accustomed to make very strict inquiry into the justice of the sentence. The Jewish Sanhedrin tried causes and pronounced sentence, and the sentence was usually approved by the governor; but in this case Pilate, evidently contrary to their expectations, proceeded himself to rehear and retry the cause. He had doubtless heard of the miracles of Jesus. He seems to have been strongly pre-possessed with the belief of his innocence. He knew that they had delivered him from mere envy Matthew 27:18, and hence, he inquired of them the nature of the case, and the kind of charge which they expected to substantiate against him.

If he were not a malefactor - So they did not wish to make Pilate the judge, but the executor of the sentence which they had already illegally passed.

They answered and said unto him,.... Offended at the question put to them, and filled with indignation that they should be so interrogated, with an air of haughtiness and insolence reply to him:
if he were not a malefactor, we would not have delivered him up unto thee; insinuating, that he was guilty of some very wicked action; not merely of a breach of some of their laws peculiar to them; for then they would have tried and judged him according to them, and not have brought him before him; but they suggest, that he was guilty of some crimes recognizable by Caesar's court; and which they did not care to mention expressly, lest they should not succeed, not having it may be as yet, their witnesses ready; and hoped he would have took their own word for it, without any further proof, they being men of such rank and dignity, and of so much knowledge, learning, and religion; and therefore took it ill of him, that he should ask such persons as they were, so famous for their prudence, integrity, and sanctity, such a question: however, they own themselves to be the betrayers and deliverers up of our Lord, which Christ had before foretold, and which Stephen afterwards charged them with.

If he were not a malefactor, we would not have delivered him up unto thee--They were conscious they had no case of which Pilate could take cognizance, and therefore insinuate that they had already found Him worthy of death by their own law; but not having the power, under the Roman government, to carry their sentence into execution, they had come merely for his sanction.