This, however, they decline to do, because it is the death penalty they desire, and this they have no right to inflict: ἡμῖν οὐκ ἔξεστιν ἀποκτεῖναι οὐδένα. In the Roman provinces the power of life and death, the jus gladii, was reserved to the governor. See Arnold's Roman Prov. Administration, pp. 55, 57; and Josephus, Bell. Jud., ii. 8, 1, who states that when the territory of Archelaus passed to the provincial governor, Coponius, the power of inflicting capital punishment was given to him, μέχρι τοῦ κτείνειν λαβὼν παρὰ τοῦ Καίσαρος ἐξουσίαν. See also Stapfer's Palestine, p. 100. By being thus handed over to the Roman magistrate it came about that Jesus was crucified, a form of capital punishment which the Jews never inflicted even when they had power; and thus the word of Jesus was fulfilled which He spake intimating that He would die by crucifixion, John 12:32-33.

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Old Testament