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.

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?.... Of the words just now spoken by him; do not they in your opinion amount to a charge of blasphemy and what punishment do you think ought to be inflicted on him? is he guilty of death, or not? This question he put, as being president of the court:
they answered and said, he is guilty of death; they were unanimous in their vote, for Mark says, "they all condemned him to be guilty of death"; only Joseph of Arimathea must be excepted, who consented not to their counsel and deed, Luke 23:51, and so must Nicodemus, if he was present; who seeing what they were determined to do, withdrew themselves before the question came to be put, and so it passed "nemine contradicente"; and indeed, if he had been guilty of blasphemy, as they charged him, the sentence would have been right. Now this was in the night, in which they begun, carried on, and finished this judicial procedure, quite contrary to one of their own canons (w) which runs thus:
"pecuniary causes they try in the day, and finish in the night; capital causes (such was this) they try in the day, and finish in the day; pecuniary causes they finish the same day, whether for absolution, or condemnation; capital causes they finish the same day for absolution, and the day following for condemnation; wherefore they do not try causes neither on the sabbath eve, nor on the eve of a feast day.
But in this case, they begun the trial in the night, examined the witnesses, finished it, and passed the sentence of condemnation, and that in the eve of a grand festival, their Chagigah,
(w) Misn. Sanhedrin, c. 4. sect. 1. Maimom. Hilch. Sanhedrin, c. 11. sect. 1, 2. T. Hieros. Yom Tob, fol. 63. 1.

He is worthy of death. This is the formal decision of the Sanhedrim to condemn the Lord to death for blasphemy. This was the second trial, the first examination being informal before Annas, and is mentioned only by John. There was a third, named only by Luke, at the dawn of day, because a decision by the Sanhedrim in the night was illegal. See Luke 22:66. This meeting only confirmed the decision reached in the night before three o'clock. It is also referred to in Matthew 27:1.