George Hutcheson
31 Then said Pilate unto them, Take ye him, and judge him according to your law. The Jewes therefore said unto him, It is not lawful for us to put any man to death.
32 That the saying of Jesus might be fulfilled, which he spake, signifying what death he should die.
Pilate, in his second proposition, remits the trial and censure of Christ to themselves, to be gone about according to their law. But they, in their answer, decline that they had power to put any man to death, v. 31. in which a special providence is remarked, v 32. For clearing of this proposition and answer, and the whole purpose, Consider, That it is asserted by many, that the Jewes being now under the power of the Romans, though they had not power to inflict capital punishments for crimes condemned also by the Roman Lawes; yet they had power not only to judge of lesser faults, and to inflict punishments which were not unto death, but might also put men to death for blasphemy against God and their own Law, whereof they judge Christ to be guilty. Therefore they understand this speech of the Jewes, It is not lawful for us to put any man to death, as importing, not that they might not do it at all, nor yet only that they would gratifie Pilate, by renouncing their power, that they might engage him for them; But that they might not do it at that time, in regard of the holinesse of the feast, for which cause also it seems that Herod delayed the intended execution of Peter, till after Easter, Acts 12.4. And they strengthen this assertion from this consideration, That suppose this power had been taken from them, yet in this case they could not object want of power or liberty, unlesse it had been because of the holinesse of the time, seeing Pilate had granted them liberty to judge him. But whatever be asserted to this purpose, yet upon accurate search of the Jewish Records, and other passages, it will be found, That they had indeed power of lesser censures, or punishments, as may be gathered from Matth. 10.17. 2 Cor. 11.24. That they had also power in capital crimes against their own Religion, to examine the nature and quality of the offence, and to determine what it deserved, as they did in Christs case, John 19.7. and Matth. 26.65, 66. and in doing whereof in the case of Paul, they complain that they were interrupted by Lysias, Acts 24.5, 6, 7. Neither is it to be denied also, that in their practice they somewhat went further, and in a tumultuous way did cut off capital offenders, (as they conceived them to be) in the matter of their Religion, without any legal processe, or owning of the Roman Governour. But as for matter of right or liberty granted then by the Romans, they had no power at all to put any to death, till he were brought before the Governour, who was to take cognition of the cause, and to give out sentence, and see it executed. This appeareth all along here, in their bringing Christ unto Pilate, after they had condemned him, in their very clear profession of the want of power in this place, and in their prosecuting Christ incessantly before Pilates judgement seat, till he pronounced sentence against him. We do not finde Pilate in the first entring of this processe, give any hint of any such power; nor is it to be doubted, but if they had any such power, or had they looked upon Pilates speech, as giving them liberty to put him to death themselves, they would greedily have embraced it, rather then put the matter in hazard, wherein they think themselves so much concerned; especially now when they finde Pilate like to stand so much on points with them; to say nothing that they were very tender in the matter of their liberty and power, and therefore would not willingly quit any right they had, or slight any liberty granted them. And if they who did persecute Christ to death in the time of the feast, could not sentence him at that time, yet (no doubt) on the former considerations, they would have kept him till the feast was over, for which they might have a guard of Roman Souldiers, as well as they had one for apprehending him.
These things being considered, I take the scope and meaning of these verses to be this, That Pilate; partly, having no will to meddle with Christ, whom he knew to be delivered to him for envy, and partly, being irritate by their presumptuous and illegal answer to his proposition, v. 29, 30. doth remit the matter back to themselves, that if they judged him worthy only of some lesser punishment, they might inflict the same according to the liberty yet continued with them: Or if they meant that he deserved more, even death, when they called him a malefactour, he, (in a bitter taunt) declares that if that were their way according to their laws and Religion, to condemne a man upon trust, and put him to death without an accusation and formal processe, he he would let them do on; But as for him, if he knew not the crime to cognosce upon it, he would never be their executioner to pronounce sentence and execute it, such procedure being no wayes agreeable to the Roman custome, Act. 25.16. And so his speech is rather a sharp reflection upon them and their laws, then any permission to them to execute any such power. The Jewes, in their reply, declare that they had no power at all to put any man to death, and therefore had brought him to him. Whereby they both intimate that they thought that he deserved more then they had power to inflict, and withal, they would pacifie Pilate, by acknowledging his power, and declaring how they were content he should exerce it among them. But in all this John observeth a providence of God, Not that the Jewes employed not the power which they had, or was now permitted to them, to put him to death. Nor yet only that they did it not tumultuously; But that they had no such power at all; that so he might (according to his own prediction, Matth. 20.19. Joh. 12.32.) die under a Pagan Ruler, and might dye a Roman death and be crucified, which was more significant then stoning, the ordinary death inflicted by the Jewes for blasphemy, Lev. 24.16. which was the crime they falsly charged on Christ, Joh. 9.7. Matth. 26.65, 66. and would have stoned him for it before, Joh. 10.33.
From these verses thus cleared. Learn, 1. Even Pagans may be more clear and just in their proceedings with Christ and his followers, then corrupt men in the Church, who have abused the offer of much grace; for, so doth appear here in Pilate and these Rulers of the Jewes; He doth not suppose Christ to be guilty of so much as they intend, nor is he so forward and informal as they are. 2. It is the great sin of many men, that having no true piety, they will yet pretend to much of it; Whereby, and by their unanswerable walking, they expose Religion to reproach, and render it detestable, even to Pagans: for, their presumptuous commending of themselves, to commend an injust procedure against Christ, v. 30. draweth out from Pilate this tart reflexion upon their law and Religion, Take ye him, and judge him according to your law. 3. It is also ordinary with God, to expose these justly to reproach, who hunt after the idol of their own credit, in a sinful way; for, this also reflects upon themselves, as well as upon their law. 4. It is no strange thing to see many idols of men stoop and give place to greater idols, coming in competition therewith; And, particularly, malice against Christ, his truth and followers, is ordinarily so violent in persecutors, that they will renounce their credit and pack up injuries very grievous to them, to get that satisfied: for this speech, it is not lawful for us to put any man to death, is not only an ingenuous acknowledgement, that they had no power to deal with Christ as they thought he deserved, but points out also, how they startle not at this check given them, but insinuate with him, as acquiescing in their want of power (which yet was the thing they most affected) that so they might get him on their side, to condemne Christ. 5. The Lord hath a supreme hand and providence in the least things which concerne Christ and his followers, and especially in their sufferings; for, that they want power, and he is left in Pilates hand, there was a providence in it, That the saying of Jesus might be fulfilled, &c. 6. In this way of Christs dying under a stranger, and by crucifying, omitting what hath been said on v. 28. and may be further spoken of his being crucified, in its proper place. These passages of providence come to be observed. 1. That Christ is a faithful keeper of his word, and will not faile to see that performed which he speaks therein; for, so appeareth in the first place; all these things were, that the saying of Jesus might be fulfilled, and he might be found true in his predictions. 2. That Christ is the true Messiah, as being sent into the world, when now the Scepter was departed from Judah, according to the prophecy, Gen. 49.10. for, he foretold this death, and his delivering to the Gentiles to be crucified, when the Jewes wanted power, as here they confesse, that this might contribute to the confirmation of this great truth. 3. Christ would be put to a most cursed, ignominious and painful death, that he might testifie his love to his own, and fully satisfie for them, and might lead them to inherit a blessing; for, all these concurred in this death; A more easie way of it being long ago pronounced accursed, Deut. 21.23. he would choose the most accursed kinde of it, which withall was most ignominious and painfull. 4. Christ also by his posture in this death, being lifted up with his armes stretched out upon the crosse, would invite all his people to look and come to him, who stands with open armes ready to receive them, and make them partakers of his purchase.