Matthew 26:66

He is guilty of death - Ενοχος θανατου εστι, he is liable to death. All the forms of justice are here violated. The judge becomes a party and accuser, and proceeds to the verdict without examining whether all the prophecies concerning the Messiah, and the innumerable miracles which he wrought, did not justify him. Examination and proof are the ruin of all calumnies, and of the authors of them, and therefore they take care to keep off from these two things. See Quesnel.

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 which was used when a criminal was condemned to die. The meaning is, he is guilty of a crime to which the law annexes death. This sentence was used before the Jews became subject to the Romans, when they had the power of inflicting death. After they were subject to the Romans, though the power of inflicting capital punishment" was taken away, yet they retained the form when they expressed their opinion of the guilt of an offender. The law under which they condemned him was that recorded in Leviticus 24:10-16, which sentenced him that was guilty of blasphemy to death by stoning. The chief priests, however, were unwilling to excite a popular tumult by stoning him, and they therefore consulted to deliver him to the Romans to be crucified, "under the authority of the Roman name," and thus to prevent any excitement among the people.