Albert Barnes Commentary Matthew 26:66

"what think ye? They answered and said, He is worthy of death." — Matthew 26:66 (ASV)

What think ye? What is your opinion? What sentence do you pronounce? As president of the Sanhedrin, he demanded their judgment.

He is guilty of death. This was the form that was used when a criminal was condemned to die. The meaning is, he is found guilty of a crime for which the law prescribes death. This sentence was used before the Jews became subject to the Romans, when they had the power of inflicting death.

After they became subject to the Romans, though the power to inflict capital punishment was taken away, they still retained the form when they expressed their opinion of an offender's guilt. The law under which they condemned him was that recorded in Leviticus 24:10-16, which sentenced anyone guilty of blasphemy to death by stoning. The chief priests, however, were unwilling to incite a popular tumult by stoning him. Therefore, they decided to hand him over to the Romans to be crucified, under the authority of the Roman name, and thus prevent any excitement among the people.