And to him they agreed - Greek: They were "persuaded" by him; or they trusted to him. They agreed only so far as their design of putting them to death was concerned. They abandoned that design. But they did "not" comply with his advice to let them entirely alone.

And beaten them - The usual amount of "lashes" which were inflicted on offenders was 39, 2 Corinthians 11:24. "Beating," or "whipping," was a common mode of punishing minor offences among the Jews. It was expressly foretold by the Saviour that the apostles would be subjected to this, Matthew 10:17. The reason why they did not adopt the advice of Gamaliel altogether doubtless was, that if they did, they feared that their "authority" would be despised by the people. They had commanded them not to preach; they had threatened them Acts 4:18; Acts 5:28; they had imprisoned them Acts 5:18; and now, if they suffered them to go without even the "appearance" of punishment, their authority, they feared, would be despised by the nation, and it would be supposed that the apostles had triumphed over the Sanhedrin. It is probable, also, that they were so indignant, that they could not suffer them to go without the gratification of subjecting them to the public odium of a "whipping." People, if they cannot accomplish their full purposes of malignity against the gospel, will take up with even some petty annoyance and malignity rather than let it alone.

To him they agreed - That is, not to slay the apostles, nor to attempt any farther to imprison them; but their malevolence could not be thus easily satisfied; and therefore they beat them - probably gave each of them thirty-nine stripes; and, having commanded them not to speak in the name of Jesus, they let them go. It was of Jesus they were afraid: not of the apostles. They plainly saw that, if the doctrine of Christ was preached, it must prevail; and, if it prevailed, they must come to nought. It was a wise saying of the popish bishops in the time of Queen Mary - If we do not put down this Printing, it will put us down: They labored to put down the printing, but they could not; and, under God, the printing, by exposing the wickedness of their doctrine and practices, and especially by multiplying copies of the New Testament, did most effectually put them down.

And to him they agreed,.... They were convinced and persuaded by his reasonings, approved of his advice, and agreed to follow it:

and when they had called the apostles; into the council again, having sent their servants for them, or ordered them to be brought in:

and beaten them; or scourged and whipped them with forty stripes save one, whereby was fulfilled what Christ had foretold, Matthew 10:17

they commanded they should not speak in the name of Jesus; as they had strictly commanded them before, Acts 4:18. Perhaps both in this, as well as in bearing the apostles, they did not closely attend to Gamaliel's counsel, who advised them to keep their hands off of them, and not hinder them, but let them alone in what they were about: but this might be thought by them not to their reputation, nor sufficiently asserting their authority, to dismiss them, without saying or doing anything to them:

and let them go; from the council to their own company: they released them, and loosed them from their bonds; they set them at liberty, and let them go where they would; and so far they followed Gamaliel's advice.

And to him they agreed: and when they had called the apostles, and beaten them, they commanded that they should not speak in the name of Jesus, and let them go.

5:40 To him they agreed. He carried the Sanhedrin with him.

Called the apostles, and beaten them. While rejecting the punishment of death, they decided to scourge them for disobedience. Scourging was often inflicted even by the rulers of the synagogues. The scourging was on the bare back, and bloody and cruel.

40-42. beaten them-for disobeying their orders (compare Lu 23:16).

5:34-42 The Lord still has all hearts in his hands, and sometimes directs the prudence of the worldly wise, so as to restrain the persecutors. Common sense tells us to be cautious, while experience and observation show that the success of frauds in matters of religion has been very short. Reproach for Christ is true preferment, as it makes us conformable to his pattern, and serviceable to his interest. They rejoiced in it. If we suffer ill for doing well, provided we suffer it well, and as we should, we ought to rejoice in that grace which enabled us so to do. The apostles did not preach themselves, but Christ. This was the preaching that most offended the priests. But it ought to be the constant business of gospel ministers to preach Christ: Christ, and him crucified; Christ, and him glorified; nothing beside this, but what has reference to it. And whatever is our station or rank in life, we should seek to make Him known, and to glorify his name.