John 18:31

"And why did they not kill Him, instead of bringing Him to Pilate?" In the first place, the greater part of their rule and authority had been cut away, when their affairs were placed under the power of the Romans; and besides, they feared lest they should afterwards be accused and punished by Him.

Seest thou that they everywhere avoid a direct accusation, and that they can say nothing? That Annas questioned Him about His doctrine, and having heard Him, sent Him to Caiaphas; and he having in his turn questioned Him, and discovered nothing, sent Him to Pilate. Pilate saith, "What accusation bring ye against this man?" Nor here have they anything to say, but again employ certain conjectures. At which Pilate being perplexed saith, "Take ye him and judge him according to your law. They therefore said, It is not lawful for us to put any man to death," But this they said, "that the saying of the Lord might be fulfilled, which He spake, signifying by what death He should die." "And how did the expression, 'It is not lawful for us to put any man to death,' declare this?" Either the Evangelist means that He was about to be slain not by the Jews only, but by the Gentiles also, or that it was not lawful for them to crucify. But if they say, "It is not lawful for us to put any man to death," they say it with reference to that season. For that they did slay men, and that they slew them in a different way, Stephen shows, being stoned. But they desired to crucify Him, that they might make a display of the manner of His death.

"Then said Pilate unto them, Take ye him, and judge him according to your law. The Jews therefore said unto him, It is not lawful for us to put any man to death." What is this that their insane cruelty saith? Did not they put Him to death, whom they were here presenting for the very purpose? Or does the cross, forsooth, fail to kill? Such is the folly of those who do not pursue, but persecute wisdom. What then mean the words, "It is not lawful for us to put any man to death"? If He is a malefactor, why is it not lawful? Did not the law command them not to spare malefactors, especially (as they accounted Him to be) those who seduced them from their God? We are, however, to understand that they said that it was not lawful for them to put any man to death, on account of the sanctity of the festal day, which they had just begun to celebrate, and on account of which they were afraid of being defiled even by entering the pretorium. Had you become so hardened, false Israelites? Were you by your excessive malice so lost to all sense, as to imagine that you were unpolluted by the blood of the innocent, because you gave it up to be shed by another? Was even Pilate himself going to slay Him with his own hands, when made over by you into his power for the very purpose? If you did not wish Him to be slain; if you did not lay snares for Him; if you did not get Him to be betrayed to you for money; if you did not lay hands upon Him, and bind Him, and bring Him there; if you did not with your own hands present Him, and with your voices demand Him to be slain,-then boast that He was not put to death by you. But if in addition to all these former deeds of yours, you also cried out, "Crucify, crucify [him];" then hear what it is against you that the prophet proclaims: "The sons of men, whose teeth are spears and arrows, and their tongue a sharp sword." These, look you, are the spears, the arrows, the sword, wherewith you slew the righteous, when you said that it was not lawful for you to put any man to death.

Hence it is also that when for the purpose of apprehending Jesus the chief priests did not themselves come, but sent; yet the evangelist Luke says in the same passage of his narrative, "Then said Jesus unto those who were come to him, [namely] the chief priests, and captains of the temple, and elders, Be ye come out, as against a thief," etc. As therefore the chief priests went not in their own persons, but by those whom they had sent, to apprehend Jesus, what else was that but coming themselves in the authority of their own order and so all, who cried out with impious voices for the crucifixion of Christ, slew Him, not, indeed, directly with their own hands, but personally through him who was impelled to such a crime by their clamor.

(Tr. cxiv. 4) But did not the law command not to spare malefactors, especially deceivers such as they thought Him? We must understand them however to mean, that the holiness of the day which they were beginning to celebrate, made it unlawful to put any man to death. Have ye then so lost your understanding by your wickedness, that ye think yourselves free from the pollution of innocent blood, because ye deliver it to be shed by another?