31 Pilate therefore said to them, "Take him yourselves, and judge him according to your law." Therefore the Jews said to him, "It is not lawful for us to put anyone to death,"
*Minor differences ignored. Grouped by changes, with first version listed as example.
According to your law. Pilate, offended by their barbarous and violent proceedings, undoubtedly reproaches them by stating that this form of condemnation, which they were eager to carry into effcct, was at variance with the common law of all nations and with the feelings of mankind; and, at the same time he censures them for boasting that they had a law given to them by God. Take you him. He says this ironically; for he would not have allowed them to pronounce on a man a sentence of capital punishment; but it is as if he had said, "Were he in your power, he would instantly be executed, without being heard in his own defense; and, is this the equity of your Law, to condemn a man without any crime?" Thus do wicked men, falsely assuming the name of God as an excuse for their conduct, expose his holy doctrine to the reproaches of enemies, and the world eagerly seizes on it as an occasion of slander. We are not allowed. Those who think that the Jews refuse an offer, which Pilate had made to them, are mistaken; but rather, knowing that he had said to them in mockery, Take you him, they reply, "You would not allow it; and since you are the judge, execute your office."
Judge him - The Jews had not directly informed him that they had judged him and pronounced him worthy of death. Pilate therefore tells them to inquire into the ease; to ascertain the proof of his guilt, and to decide on what the law of Moses pronounced. It has been doubted whether this gave them the power of putting him to death, or whether it was not rather a direction to them to inquire into the case, and inflict on him, if they judged him guilty, the mild punishment which they were yet at liberty to inflict on criminals. Probably the former is intended. As they lied already determined that in their view this case demanded the punishment of death, so in their answer to Pilate they implied that they had pronounced on it, and that he ought to die. They still, therefore, pressed it on his attention, and refused to obey his injunction to judge him.
It is not lawful - The Jews were accustomed to put persons to death still in a popular tumult Acts 7:59-60, but they had not the power to do it in any case in a regular way of justice. When they first laid the plan of arresting the Saviour, they did it to kill him Matthew 26:4; but whether they intended to do this secretly, or in a tumult, or by the concurrence of the Roman governor, is uncertain. The Jews themselves say that the power of inflicting capital punishment was taken away about 40 years before the destruction of the temple; but still it is probable that in the time of Christ they had the power of determining on capital cases in instances that pertained to religion (Josephus, Antiq., b. 14: John 10, Section 2; compare Jewish Wars, b. 6 chapter 2, Section 4). In this case, however, it is supposed that their sentence was to be confirmed by the Roman governor. But it is admitted on all hands that they had not this power in the case of seditions, tumults, or treason against the Roman government. If they had this power in the case of blasphemy and irreligion, they did not dare to exert it here, because they were afraid of tumult among the people Matthew 26:5; hence, they sought to bring in the authority of Pilate. To do this, they endeavored to make it appear that it was a case of sedition and treason, and one which therefore demanded the interference of the Roman governor. Hence, it was on this charge that they arraigned him, Luke 23:2. Thus, a tumult might be avoided, and the odium of putting him to death which they expected would fall, not on themselves, but upon Pilate!
It is not lawful for us to put any man to death - They might have judged Jesus according to their law, as Pilate bade them do; but they could only excommunicate or scourge him. They might have voted him worthy of death; but they could not put him to death, if any thing of a secular nature were charged against him. The power of life and death was in all probability taken from the Jews when Archelaus, king of Judea, was banished to Vienna, and Judea was made a Roman province; and this happened more than fifty years before the destruction of Jerusalem. But the Romans suffered Herod, mentioned Acts 12:1, etc., to exercise the power of life and death during his reign. See much on this point in Calmet and Pearce. After all, I think it probable that, though the power of life and death was taken away from the Jews, as far as it concerned affairs of state, yet it was continued to them in matters which were wholly of an ecclesiastical nature; and that they only applied thus to Pilate to persuade him that they were proceeding against Christ as an enemy of the state, and not as a transgressor of their own peculiar laws and customs. Hence, though they assert that he should die according to their law, because he made himself the Son of God, John 19:7, yet they lay peculiar stress on his being an enemy to the Roman government; and, when they found Pilate disposed to let him go, they asserted that if he did he was not Caesar's friend, John 18:12. It was this that intimidated Pilate, and induced him to give him up, that they might crucify him. How they came to lose this power is accounted for in a different manner by Dr. Lightfoot. His observations are very curious, and are subjoined to the end of this chapter.
Then said Pilate unto them, Take ye him, and judge him according to your law. The Jews therefore said unto him, (b) It is not lawful for us to put any man to death:
(b) For judgments of life and death were taken from them forty years before the destruction of the temple.
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.
It is not lawful for us to put any man to death - The power of inflicting capital punishment had been taken from them that very year. So the sceptre was departed from Judah, and transferred to the Romans.
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