Acts 25:16

(16) To whom I answered . . .—The facts of the case are stated with fair accuracy, but there is a certain measure of ostentation in the way in which Festus speaks of “the manner of the Romans.” It was, perhaps, natural that a procurator just entering on his term of office, should announce, as with a flourish of trumpets, that he at least was going to be rigidly impartial in his administration of justice. It is fair to state that, as far as we know, his conduct was not inconsistent with his profession.

To deliver any man . . .—The use of the same verb as that which St. Paul had used in Act_25:16 shows that the arrow shot at a venture had hit the mark. Festus is eager to repel the charge. The words “to die” (literally, unto destruction) are not found in the best MSS., and seem to have been added by way of explanation. The language of the procurator is strictly official. The accused and the accusers are to stand face to face, and the former is to have an opening for his apologia, or defence, in answer to the indictment.

A Bible Commentary for English Readers, edited by Charles John Ellicott (1878–1897) — public domain. Text from a community e-Sword module.

25:16 It was a fundamental principle: Roman law did not convict people without a trial. They must be given an opportunity to confront their accusers and defend themselves (cp. 19:38-39). This put Roman judicial procedure in a favorable light for readers of Acts.

Tyndale Open Study Notes — © Tyndale Open Resources, licensed CC BY-SA 4.0. Text via the HelloAO Bible API.

Act 25:16. Ῥωμαίοις, Romans) Would that none of those things, which the Romans were not wont to do, were done among Christians!

Bengel's Gnomon of the New Testament — English translation (T&T Clark, Edinburgh, 1860) — public domain. Text from a community e-Sword module.

Act 25:16 . ἔθος , see Act 6:14 . χαρίζ ., p. 489. πρὶν ἢ … ἔχοι , cf. Luk 2:26 , the only two passages where a finite verb occurs after πρίν in N. T., see further Burton, pp. 52, 129, 133, and Plummer, Luke, l. c. κατὰ πρόσωπον , see on Act 3:13 . τόπον : “opportunity,” Rom 15:23 , Eph 4:27 , Heb 12:17 , Sir 4:5 , cf. Jos., Ant. , xvi., 8, 5 (Polyb., i., 88, 2).

The Expositor's Greek Testament, edited by W. Robertson Nicoll (1897–1910) — public domain. Text from a community e-Sword module.

The Romans used not to deliver any man to be punished before, etc.

Geneva Bible (1599) marginal notes — public domain. Text via Bolls.life.

to deliver any man to die--On the word "deliver up," see on Act 25:11.

Jamieson, Fausset & Brown — Commentary Critical and Explanatory on the Whole Bible (1871) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

Verse 16. It is not the manner of the Romans to deliver any man to die] Χαριζεσθαι τινα ανθρωπον, To MAKE A PRESENT of any man; gratuitously to give up the life of any man, through favour or caprice. Here is a reference to the subject discussed on Ac 25:11.

Before that he which is accused have the accusers face to face, c.] For this righteous procedure the Roman laws were celebrated over the civilized world. APPIAN, in his Hist. Roman., says: ου πατριον σφισιν ακριτους καταδικαζεσθαι. It is not their custom to condemn men before they have been heard. And PHILO De Praesid. Rom., says: τοτε γαρ κοινους ἑαυτους παρεχοντες δικαϚας εξ ισου, και των κατηγορων και απολογουμενων ακουομενοι, μηδενος ακριτου προκαταγινωσκειν αξιουντες, εβραβευον ουτε προς εχθραν, ουτε προς χαριν, αλλα προς την φυσιν της αληθειας, τα δοξαντα ειναι δικαια. "For then, by giving sentence in common, and hearing impartially both plaintiff and defendant, not thinking it right to condemn any person unheard, they decided as appeared to them to be just without either enmity or favour, but according to the merits of the case." See Bp. Pearce. England can boast such laws, not only in her statute books, but in constant operation in all her courts of justice. Even the king himself, were he so inclined, could not imprison nor punish a man without the regular procedure of the law; and twelve honest men, before whom the evidence has been adduced, the case argued, and the law laid down and explained, are ultimately to judge whether the man be guilty or not guilty. Here, in this favoured country, are no arbitrary imprisonments-no Bastiles-no lettres de cachet. Lex facit Regem: the law makes the king, says Bracton, and the king is the grand executor and guardian of the laws-laws, in the eyes of which the character, property, and life of every subject are sacred.

Adam Clarke's Commentary on the Bible (1810–1826) — public domain. Text from a community e-Sword/MySword module.

16. to deliver any man to die] The best MSS. omit the Greek for the last two words. Rev. Ver. renders “to give up any man.” The verb is the same as in Act_25:11, and implies the granting as a favour. The language throughout shews that the Jews thought the influence of their party was enough to gain from Festus the condemnation of this so obscure a prisoner, whatever might be the merits of his case.

and have licence to answer for himself] The Greek word for licence is literally “place,” and is here used figuratively for “opportunity.” So Rom_15:23 St Paul says “having no more place in these parts,” by which he means that there is no further opportunity for preaching the Gospel there. So Rev. Ver. gives “have had opportunity to make his defence.”

The Cambridge Bible for Schools and Colleges (gen. ed. J. J. S. Perowne; Cambridge University Press, 1878–1918) — public domain. Text from a community e-Sword module.

To whom I answered,.... As follows:

it is not the manner of the Romans to deliver any man to die; or to give any man to destruction; to pass sentence of death upon him, without hearing his cause, and purely at the request of another, and merely to gratify him:

before that he which is accused have the accusers face to face; so as to speak to his face, or before him, what they have to charge him with:

and have licence to answer for himself, concerning the crime laid against him; and this was also according to the law of the Jews, Joh 7:51 though Festus, from such an application to him by the chief priests and elders, might conclude that their manner was different, he being ignorant of their laws and customs; but their prejudice to the apostle carried them to act such an illegal part, or at least to desire it might be acted: it is one of the Jewish canons, that it is unlawful for a judge to hear one of the contending parties, before the other is come in.

John Gill's Exposition of the Whole Bible (1746–1763) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

16 To whom I answered, It is not the manner of the Romans to deliver any man to die, before that he which is accused have the accusers face to face, and have licence to answer for himself concerning the crime laid against him.

Ver. 16. Have the accusers face to face] Here was no oath ex officio to force a man to accuse himself. Among the Romans the accusers sat in those seats that were at the left hand of the judge; the accused and his advocate at the right hand. The accuser had three hours allotted him, the defendant six. And if he were found guilty, yet was he not given up to his adversaries to be punished at their pleasure (as these Jews would have had it) but as the judge appointed it.

John Trapp, A Commentary or Exposition upon All the Books of the Old and New Testament (1647–1656) — public domain. Text from a community e-Sword module.

It is not the manner ... - He here states the reasons which he gave the Jews for not delivering Paul into their hands. In Act 25:4-5, we have an account of the fact that he would not accede to the requests of the Jews; and he here states that the reason of his refusal was that it was contrary to the Roman law. Appian, in his Roman History, says, “It is not their custom to condemn men before they are heard.” Philo (DePraesi. Rom.) says the same thing. In Tacitus (History, ii.) it is said, “A defendant is not to be prohibited from adducing all things by which his innocence may be established.” It was for this that the equity of the Roman jurisprudence was celebrated throughout the world. We may remark that it is a subject of sincere gratitude to the God of our nation that this privilege is enjoyed in the highest perfection in this land. It is a right which every man has: to be heard; to know the charges against him; to be confronted with the witnesses; to make his defense; and to be tried by the laws, and not by the passions and caprices of people. In this respect our jurisprudence surpasses all that Rome ever enjoyed, and is not inferior to that of the most favored nation of the earth.

To deliver - To give him up as a favor χαρίζεσθαι charizesthai to popular clamor and caprice. Yet our Saviour, in violation of the Roman laws, was thus given up by Pilate, Mat 27:18-25.

Have the accusers face to face - That he may know who they are and hear their accusations. Nothing contributes more to justice than this. Tyrants permit people to be accused without knowing who the accusers are, and without an opportunity of meeting the charges. It is one great principle of modern jurisprudence that the accused may know the accusers, and be permitted to confront the witnesses, and to adduce all the testimony possible in his own defense.

And have licence - Greek: “place of apology” - may have the liberty of defending himself.

Albert Barnes' Notes on the Bible (1834–1885) — public domain. Text from a community e-Sword/MySword module.

To condemn any man indicta causa, without sufficient cause alleged and proved, is not only against the laws of the Romans, but of the Jews, Deu 17:4; nay, against the law of nature and of all nations. Yet malice had so far blinded the enemies of St. Paul, that they go about such things as a heathen reproves, and the very light of nature condemns.

Matthew Poole's English Annotations on the Holy Bible (1683–1685) — public domain. Text from a community e-Sword/MySword module.

16. Manner of the Romans—We have here a noble maxim, lying at the basis of all just jurisprudence. There is no proof that Festus violated it.

Daniel D. Whedon (gen. ed.), Commentary on the Old and New Testaments (1874–1909) — public domain. Text from a community e-Sword module.

That it is for it is, A.V.; custom for manner, A.V.; to give up for to deliver to die, A.V. and T.R.; the accused for he which is accused, A.V.; have had opportunity to make his defense concerning the matter for have license to answer for himself concerning the crime, A.V. To give up (above, ver. 11, note). Have had opportunity to make his defense (topon ajpologiav laboi); see Act_22:1, note.

The Pulpit Commentary (1880–1919), ed. H.D.M. Spence-Jones & Joseph S. Exell — public domain. Text from a community e-Sword module.

It is not the custom of the Roman - How excellent a rule, to condemn no one unheard! A rule, which as it is common to all nations, (courts of inquisition only excepted,) so it ought to direct our proceedings in all affairs, not only in public, but private life.

John Wesley, Explanatory Notes Upon the Whole Bible (1754–1765) — public domain. Text via the GEBible commentary corpus.

16. “To whom I responded that it is not a custom of the Romans to deliver up any man to death before that the accused may have his accuser face to face, and may receive an opportunity of defense concerning the charge.” Oh, what a noble law! how invaluable and appreciated here in America at the present day. It was adopted in England when the Barons rebelled against the tyranny of King John, and became the Magna Charta of English freedom. Thence transferred to America and adopted by the Colonial Congress, it became the battle-cry in the Revolutionary War, finally triumphing in the victories of Yorktown. It is this day the shibboleth of civil and religious liberty, without which martyrs’ blood would flow as in days of yore. Festus assures Agrippa that there was nothing against Paul except the superstitious clamors of the Jews charging him with disharmony in reference to their own religion, but nothing involving criminality in Roman law, there being a controversy over one “Jesus who is dead, whom Paul certifies incessantly that He liveth.” Agrippa, belonging to the celebrated Herodian family though a mixture of Idumean and Jewish blood, ranked as a Jew and claimed to be a loyal orthodox member of the Mosaic church. Hence we see Paul addresses him as a brother in the church, unlike Lysias, Felix and Festus, who were heathen Romans.

William B. Godbey, Commentary on the New Testament (1896–1900) — public domain. Text from a community e-Sword module.

See notes on verse 14

J. W. McGarvey (with Philip Y. Pendleton), Commentaries on the New Testament (The Fourfold Gospel, 1914; Acts; and the epistles) — public domain. Text from a community e-Sword/MySword module.

16. εἰς ἀπώλειαν omitted with אABCE. Vulg. has in some texts ‘damnare,’ in others ‘donare’ for χαρίζεσθαι.

16. χαρίζεσθαί τινα ἄνθρωπον, to give up any man. See above, Act 25:11, on the force of χαρίζεσθαι The language throughout shews that the Jews thought the influence of their party was enough to gain from Festus the condemnation of this so obscure a prisoner, whatever might be the merits of his case.

τόπον τε ἀνολογίας λάβοι, and have had opportunity to make his defence (lit. ‘place of defence’). On τόπος in this sense cf. Sir 4:5 μὴ δῷς τόπον ἀνθρώπῳ καταρασασθαί σε. See also Rom 15:23 where ‘having no more place in these parts’ signifies ‘no further opportunity for preaching the Gospel.’

The two verbs ἔχοι an λάβοι are the only two cases of an optative after πρὶν ἢ in the N.T.

Cambridge Greek Testament for Schools and Colleges (Cambridge University Press, 1896; 21 vols, various authors incl. Carr, Maclear, Plummer, Farrar, Lumby, Moule, M. R. James, Simcox) — public domain. Text from a community e-Sword module.

16. χαρίζεσθαι] The words inserted in the rec., εἰς ἀπώλειαν, are a correct supplement of the sense; to give up, i.e. to his enemies, and for destruction.

De W. remarks, that the construction of πρίν with an opt. without ἄν, is only found here in the N. T. (not that it occurs with ἄν). Hermann, on Viger, p. 442, restricts the opt. with πρὶν ἤ to cases where ‘res narratur ut cogitatio alicujus:’ so Paus., μὴ πρότερον φάναι ζητοῦντι μηνύσειν πρὶν ἢ οἱ καὶ ἐν Ἀκροκορίνθῳ γένοιτο ὕδωρ.

On the practice of the Romans, here nobly and truly alleged, see citations in Grot. and Wetst. in loc.

τόπον] This use of τόπος as the Lat. ‘locus,’ is not found in good Greek.

Henry Alford, The Greek Testament (1849–1861) — public domain. Text from a community e-Sword module.

Opportunity [τοπον] . Lit., place. An unclassical use of the word.

Marvin R. Vincent, Word Studies in the New Testament (1887–1900) — public domain. Text from a community e-Sword/MySword module.