35 Paul on Trial Phase Two: Before Festus

The latter part of Acts finds Paul a prisoner of Rome. Because of his faithfulness, he had made an unparalleled impact for Jesus Christ on the world. He had evangelized the lost, boldly confronted false religion, founded churches, and discipled faithful men for the task of spreading the gospel.

But Paul’s diligent, faithful, tireless efforts stirred up a wake of hatred and opposition from the enemies of the gospel. Shortly after his conversion, he “increased all the more in strength, and confounded the Jews who lived in Damascus by proving that Jesus was the Christ” (Acts 9:22). Shocked and outraged by his startling change from persecutor to evangelist (9:21), “the Jews plotted together to kill him” (9:23). But Paul discovered their plot and managed to escape (9:24).

That early incident set the pattern for Paul’s ministry; it started that way and stayed that way. Seemingly everywhere he went, he faced hostility, opposition, even outright persecution. Most of that opposition came from unbelieving Jews—a fact that deeply grieved him as evidenced in Romans 9

Romans 9:1–3 ESV

1 I am speaking the truth in Christ—I am not lying; my conscience bears me witness in the Holy Spirit— 2 that I have great sorrow and unceasing anguish in my heart. 3 For I could wish that I myself were accursed and cut off from Christ for the sake of my brothers, my kinsmen according to the flesh.

Other times the persecution came it came from Gentile followers of false religion as in Ephesus where the followers of Artemus persecuted Paul in Acts 19.

We have already learned that Paul’s Jewish enemies managed to have him arrested by the Romans on trumped-up charges (21:27–33). For the next several years, he remained a prisoner, first in Jerusalem, then in Caesarea, finally in Rome. During that time, he repeatedly defended himself against the false charges brought against him. Shortly after Roman troops rescued him from the angry mob on the temple grounds, Paul defended himself from the steps of Fort Antonia. Unable to determine Paul’s crime, Claudius Lysias, the Roman commander at Jerusalem, brought him before the Sanhedrin. But the highest court in Israel failed to convict him of any wrongdoing. Learning of a plot against Paul’s life, Lysias sent him to Caesarea, the Roman headquarters in Judea. There he stood trial before the governor, Felix, and again was exonerated. Felix, however, fearing the Jewish authorities (and hoping for a bribe from Paul), rendered no verdict but instead kept Paul imprisoned for the remaining two years of his term as governor.

This text records Paul’s fourth defense, before Porcius Festus, Felix’s successor as governor. Felix’s brutal term in office had culminated in the ruthless subduing of a riot in Caesarea. When the outraged Jews sent a delegation to Rome to protest Felix’s actions, Emperor Nero recalled the governor to Rome in disgrace. Festus soon arrived in Judea to replace him.

Unlike Felix, who was a former slave, Festus was a member of the Roman nobility. Little is known of his brief term as governor he died about two years after taking office. What we do know about Festus is from the first century Jewish historian Josephus who said of Festus that he was better than both his predecessor (Felix) and his successor (Albinus). So it appears Festus was an able leader.

Paul’s trial before Festus unfolds in four scenes: the assassination plotted, the accusations presented, the absence of proof, and the appeal proposed.

THE ASSASSINATION PLOTTED

Acts 25:1–5 ESV

1 Now three days after Festus had arrived in the province, he went up to Jerusalem from Caesarea. 2 And the chief priests and the principal men of the Jews laid out their case against Paul, and they urged him, 3 asking as a favor against Paul that he summon him to Jerusalem—because they were planning an ambush to kill him on the way. 4 Festus replied that Paul was being kept at Caesarea and that he himself intended to go there shortly. 5 “So,” said he, “let the men of authority among you go down with me, and if there is anything wrong about the man, let them bring charges against him.”

When Festus, the new governor, arrived in the province of Judea, he inherited the political problems left by his predecessor’s inept rule. Felix’s callousness and cruelty had left a legacy of profound hatred toward Rome by the Jews. Their hostility and suspicion now focused on Festus, their new Roman overlord in occupied Palestine.

Unlike Felix, Festus was not a procrastinator. He moved swiftly to acquaint himself with the situation; a mere three days after arriving in Judea, he went up to Jerusalem from Caesarea. His first goal was to meet the Jewish leaders (the high priest and the Sanhedrin) and, as much as possible, conciliate them. Those leaders, Festus knew, were the key to establishing peace in Judea. And maintaining peace was the highest priority of a Roman provincial governor.

Festus faced a difficult challenge, as the Jews had proven to be adept at manipulating their governors. Capitalizing on Pilate’s blunders, they had blackmailed him into executing Jesus. And although they had failed to pressure Felix into executing Paul, they had forced him to keep the innocent apostle imprisoned and out of circulation.

Adding to that challenge was the constant threat of revolution. Two centuries earlier, under the Maccabees, the Jews had thrown off the yoke of Greece. More recent times had seen the rise of ultranationalistic movements such as the Zealots. The revolt that was always smoldering would finally erupt in A.D. 66. Festus, like his predecessors, faced the dilemma of maintaining control without sparking a revolt.

Not only did Festus inherit Felix’s political problems, he also inherited his most celebrated prisoner. Although Paul had been imprisoned in Caesarea for the past two years, the Jewish authorities in Jerusalem had not forgotten about him. One of the first things the chief priests and the leading men of the Jews did after Festus arrived in Jerusalem was to revive the charges against Paul. Perhaps they feared that the new governor would, as often happened, quickly dispose of the cases left by his predecessor and release Paul. Hoping to capitalize on Festus’s inexperience and desire to placate them, they were repeatedly urging him, requesting a concession against Paul.

Their request seemed innocent enough—merely that Festus might order Paul to be brought to Jerusalem for trial. But at the same time, Luke notes, they intended setting an ambush to kill him on the way. The old ambush plot, foiled two years earlier by Claudius Lysias, was revived—this time by the Sanhedrin itself.

Festus was not to be so easily duped, however. To the Jewish leaders’ request he cautiously answered that Paul was being kept in custody at Caesarea and that he himself was about to leave shortly to return there. Accordingly, he saw no reason to transport the prisoner to Jerusalem. He maintained that the proper place for Paul, a Roman citizen, to be tried was at Caesarea, seat of Roman rule in Judea. If the influential men of the Jewish nation believed there was anything wrong about Paul, they could prosecute him there. Though Festus was inexperienced, had an obvious desire to conciliate the Jewish authorities, and lacked personal knowledge of Paul, God used him, as He had others, to providentially protect Paul from another plot against his life.

THE ACCUSATIONS PRESENTED

Acts 25:6–7 ESV

6 After he stayed among them not more than eight or ten days, he went down to Caesarea. And the next day he took his seat on the tribunal and ordered Paul to be brought. 7 When he had arrived, the Jews who had come down from Jerusalem stood around him, bringing many and serious charges against him that they could not prove.

True to his word, Festus, after he had spent not more than eight or ten days among them, went down from Jerusalem to Caesarea. Proving himself again to be a man of action, on the next day he took his seat on the tribunal thus making it an official Roman trial, and ordered Paul to be brought before him. Now this seat mentioned in verse 6 is what was known as the bēma, or judgment seat, and this official judgement seat is mentioned in Matt. 27:19; John 19:13; Acts 18:12; and we will see it again in Acts 25:10, 17. When someone takes this seat they are in an elevated position to signify the authority of the position. The concept of the Bema seat actually comes from Ancient Greece where officials at the Olympics would sit in an elevated position at the finish line to determine the winner as well as all of the other finishing positions. It was also the name of the elevated podium where an orator would speak from in Athens. The Bema seat signifies authority and judgement over those before it. This is the same concept that Romans, and 1 and 2 Corinthians mentions in relation to Christ. Actually the Bema seat of judgement would be a fun study to do one of these days. I can add it to the ever growing list of things we should talk about.

But back to our main narrative, the defendant had arrived, the Jews who had come down from Jerusalem stood around him, bringing many and serious charges against him. They swarmed around Paul like a pack of wolves attacking a sheep. But these wolves were toothless; the many serious charges they brought were the same ones (sedition, sectarianism, and sacrilege, cf. 24:5–6) that they had been unable to prove two years earlier before Felix. Those unsubstantiated charges were no more likely to convince Festus than they had Felix.

THE ABSENCE OF PROOF

Acts 25:7–11 ESV

7 When he had arrived, the Jews who had come down from Jerusalem stood around him, bringing many and serious charges against him that they could not prove. 8 Paul argued in his defense, “Neither against the law of the Jews, nor against the temple, nor against Caesar have I committed any offense.” 9 But Festus, wishing to do the Jews a favor, said to Paul, “Do you wish to go up to Jerusalem and there be tried on these charges before me?” 10 But Paul said, “I am standing before Caesar’s tribunal, where I ought to be tried. To the Jews I have done no wrong, as you yourself know very well. 11 If then I am a wrongdoer and have committed anything for which I deserve to die, I do not seek to escape death. But if there is nothing to their charges against me, no one can give me up to them. I appeal to Caesar.”

Although the Sanhedrin had made very serious charges against Paul they could not prove them. Two years had passed since Paul’s trial before Felix, but they still had no witnesses, no evidence, and therefore no case. That argues convincingly for the apostle’s innocence and for their biased hatred of Jesus and the gospel.

Here, as he does throughout Acts, Luke stresses that Christians are innocent, law-abiding people. The town clerk at Ephesus acknowledged that, as did Gallio, proconsul of Achaia. The frequent allegations by unbelieving Jews that Christians were political revolutionaries were untrue. Ironically, it was those same Jews, not the Christians, who finally rose in open revolt against Rome. When Rome ultimately did take action against the Christians, it was not because they were revolutionaries. The Romans persecuted and killed them for refusing, on religious grounds, to participate in the empire-unifying ritual of emperor worship.

Since the Jews had presented no evidence against him, Paul merely said in his own defense, “I have committed no offense either against the Law of the Jews (sectarianism) or against the temple (sacrilege) or against Caesar (sedition).” He thus denied point by point the charges against him.

Festus found himself on the horns of the same dilemma that had impaled Felix. Paul was a Roman citizen, falsely accused and obviously innocent. But to release him would antagonize the Jewish leaders—the same leaders Festus desperately needed to conciliate to keep the peace.

To his credit, Festus, unlike Felix, did not sweep the problem under the rug. Seeking a way out of his dilemma, he proposed a compromise. Wishing to do the Jews a favor, Festus asked Paul in verse 9,

Acts 25:9 ESV

9 But Festus, wishing to do the Jews a favor, said to Paul, “Do you wish to go up to Jerusalem and there be tried on these charges before me?”

That the trial was to be before Festus, not the Sanhedrin, was no doubt intended to reassure Paul that his rights as a Roman citizen would be protected.

To the inexperienced Festus, that no doubt seemed like an acceptable compromise. But Paul knew the Jewish leaders far better than he did. The “compromise” actually gave them everything they wanted. The members of the Sanhedrin did not care who presided over Paul’s trial—they never intended there to be one. They planned to murder him on the way to Jerusalem (v. 3).

By now understandably frustrated at his failure to obtain justice, Paul immediately rejected Festus’s compromise. Look at verses 10

Acts 25:10 ESV

10 But Paul said, “I am standing before Caesar’s tribunal, where I ought to be tried. To the Jews I have done no wrong, as you yourself know very well.

Since, as governor, Festus was the emperor’s representative, Paul could rightly claim, I am standing before Caesar’s tribunal. As a Roman citizen, that was where he ought to be tried; there was no reason to go to Jerusalem. The reference to Caesar’s tribunal also served as a subtle reminder to Festus of his duty as the emperor’s official agent.

But Paul does not stop there and again affirmed his innocence, asserting in verse 10 that “To the Jews I have done no wrong.” Because they had presented no evidence against him, the Jewish leaders could not successfully dispute that claim. Paul’s bold words to Festus at the end of verse 10 “as you yourself very well know” served as a rebuke and a call to integrity, since he did know that Paul was innocent. The high standards of Roman justice, and his duty as a Roman judge, demanded that he release the apostle.

Paul then clarified his motives in verse 11

Acts 25:11 (ESV)

11 If then I am a wrongdoer and have committed anything for which I deserve to die, I do not seek to escape death. But if there is nothing to their charges against me, no one can give me up to them...”

“If then I am a wrongdoer,” he said to Festus, “and have committed anything for which I deserve to die, I do not seek to escape death.” He was not attempting to evade justice; instead, he demanded it by declaring, “but if there is nothing to their charges against me, no one can give me up to them.” As a Roman citizen, Paul had the right to expect justice from a Roman court. Since there was no case against him, he was under no obligation to put himself into the hands of the Jewish authorities.

Festus’s obvious readiness to appease the Jews put Paul in a difficult and dangerous situation. He had no illusions (even if Festus did) about what his fate would be if he did survive a murder plot and stand trial in Jerusalem. He knew how adroitly the Jewish leaders would capitalize on Festus’s inexperience. To return to Jerusalem meant almost certain death. Paul therefore chose a bold course of action.

THE APPEAL PROPOSED

Acts 25:11–12 ESV

11 If then I am a wrongdoer and have committed anything for which I deserve to die, I do not seek to escape death. But if there is nothing to their charges against me, no one can give me up to them. I appeal to Caesar.” 12 Then Festus, when he had conferred with his council, answered, “To Caesar you have appealed; to Caesar you shall go.”

Festus’s willingness to compromise did not bode well for Paul’s getting a fair trial in Jerusalem. Exercising his right as a Roman citizen, Paul announced his decision to appeal his case to Caesar. Such appeals could come after the verdict (appellatio, where we get the word and concept of appellate court) or, as in Paul’s case, before the verdict (provocatio). Once granted, the appeal took the case out of the governor’s hands and transferred it to the emperor. Paul’s appeal seems at first glance to be sheer madness, since the emperor at the time was the infamous Nero. However, the early years of Nero’s reign (during which Paul’s appeal took place) were not marked by the cruelty and insanity of his later years.

Paul’s appeal offered Festus a convenient way out of the impasse. Thus it comes as no surprise that after Festus had conferred with his council and obtained its legal advice, he granted Paul’s appeal. Undoubtedly relieved to have this thorny problem taken out of his hands, he informed the apostle, “You have appealed to Caesar, to Caesar you shall go.”

When Festus announced that his appeal had been granted, Paul must have felt a sense of exhilaration. The Lord had kept His promise from Acts 23:11, and Paul was at last going to Rome.

From this passage several important lessons emerge.

First

First, it is another tragic example of Jewish hostility to the gospel—a theme running throughout Acts. Jesus predicted that opposition in His words to His disciples recorded in John 15:18–25:

John 15:18–25 ESV

18 “If the world hates you, know that it has hated me before it hated you. 19 If you were of the world, the world would love you as its own; but because you are not of the world, but I chose you out of the world, therefore the world hates you. 20 Remember the word that I said to you: ‘A servant is not greater than his master.’ If they persecuted me, they will also persecute you. If they kept my word, they will also keep yours. 21 But all these things they will do to you on account of my name, because they do not know him who sent me. 22 If I had not come and spoken to them, they would not have been guilty of sin, but now they have no excuse for their sin. 23 Whoever hates me hates my Father also. 24 If I had not done among them the works that no one else did, they would not be guilty of sin, but now they have seen and hated both me and my Father. 25 But the word that is written in their Law must be fulfilled: ‘They hated me without a cause.’

The Lord’s reference to “their Law” shows that He had the unbelieving Jews (particularly their leaders) in mind.

No religion is neutral about Jesus Christ; all non-Christian religions are openly or subtly opposed to Him. As He Himself put it,

Matthew 12:30 ESV

30 Whoever is not with me is against me, and whoever does not gather with me scatters.

Persecution of Christians by false religion is always based on two premises: it is based on false accusations, and it is based on hostility toward Jesus Christ which we must bear for Christ’s sake. Believers are to live blameless lives and so reveal their critics’ accusations to be false (Titus 2:2–8; 1 Pet. 2:12, 15; 3:16).

Second

A second truth this text illustrates is the binding power of sin. Although he had been out of the mainstream, incarcerated at Caesarea for two years, the Sanhedrin’s hatred of Paul had not abated. “Truly, truly, I say to you,” Jesus said in John 8:34, “everyone who commits sin is the slave of sin.” In Romans 6:16, Paul asked rhetorically, “Do you not know that when you present yourselves to someone as slaves for obedience, you are slaves of the one whom you obey, either of sin resulting in death, or of obedience resulting in righteousness?” Peter wrote in 2 Peter 2:19, “By what a man is overcome, by this he is enslaved.” The Jewish leaders were enslaved by their venomous hatred of Paul, an innocent man.

Third

Third, this passage reveals the sovereignty of God in human affairs. The Sanhedrin’s request to bring Paul to Jerusalem to stand trial seemed innocent enough. Festus needed the Jewish leaders’ support, so it was essential for him to conciliate them. Granting that seemingly innocuous request would have been, from Festus’s perspective, an easy concession. But God providentially intervened to protect His servant.

Fourth

Fourth, the believer’s proper relation to government also appears in this passage. Paul willingly submitted to the Roman government—even as embodied in the person of Nero. He practiced the principle he set forth in Romans 13:1–5:

Romans 13:1–5 ESV

1 Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. 2 Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. 3 For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, 4 for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer. 5 Therefore one must be in subjection, not only to avoid God’s wrath but also for the sake of conscience.

I don’t know about you, but I have heard so much talk of Romans 13 over the last couple of years. And so much of the talk was conflicting in nature. And if you are sitting there today and thinking right now, here we go we are going to get the answer on Romans 13, I will say thank you for the confidence in me, but you are setting yourself up for a let down. It is far to complex a topic and honestly to serious a topic for me to flippantly spend 5 minutes to answer. But nonetheless there are some principals we can glean from Romans 13 in light of Paul’s example in Acts 25 and apply to our lives.

Let’s be honest, how do we apply this passage when the government no longer promotes the good and punishes the evil? What if they promote evil and punish the good. Just his week there was a case decided that found a private Catholic school was at fault for firing an openly gay substitute teacher even though it violated their clearly stated religious policies and doctrine. When the Federal Government declares that the full weight of the Justice Department will come to bare on the state of Texas for daring to pass a heartbeat bill that limits abortion. When in Washington State someone can be found to have illegal drugs on them, and large amounts of illegal drugs, and can now say “these aren’t my pants” and that be a legitimate defense. I know it sounds funny, but that it is tragically real. How do we deal with this? We deal with them like Paul did in Acts 25. #1 We avail ourselves of all legal and governmental options given to us, Paul appealed to Nero. The same Nero that used Christians and torches to light his dinner parties and used Christians as entertainment in the Arena where they had to fight wild animals with their bare hands and all for entertainment.

#2 We realize that government is given authority in Romans, but it is limited in scope. Paul never declares the civil magistrate as the highest authority. Even our leaders are subject to God and will be held to account one day. God is sovereign over all things and he placed the leader there for a reason, and that reason may be to bring judgement. He never promised us a smooth and easy life. In fact he did promise Christians that they would face persecution and turmoil. In fact Josh and I together will be preaching through 1 Peter in the coming months and this theme will come up over and over again there. So we will be talking about this in more detail.

#3 And this principal is the most important I think, Romans 13:5 we are to submit because of conscience. Now conscience in this context means the believers knowledge of God’s will and purpose. When government asks things of us that we don’t like but that do not violate our conscience or are a violation of God’s law and decreed order we must submit. Sounds simple doesn’t it? But we all know it is not. If we were talking about big things like mandatory abortions, or denying our faith in Christ those are clear and honestly should be easy decisions to make. The issues we are dealing with today are much less clear.

I will publically say that I fully believe the vaccine mandate is truly and evil act. But the mandate aside, the vaccine itself and whether people choose to get is a matter of conscience. I chose to be vaccinated in March. I did it partially to stop wearing my mask at school, which did not last long by the way, but the number 1 reason I got the vaccine was for pastoral reasons. I knew the members of the church were conflicted about getting the vaccine. After much prayer I felt that I needed to be vaccinated to be an example. I wanted people who felt led to get the vaccine to know it is ok. I have an uncle that posts things all the time about the vaccine being the mark of the beast. When I talked to him about his post I explained that if he thinks the vaccine is the mark of the beast he needs to study the bible more as he does not understand the end times. He replied and said “I am just trying to stand up to tyranny.” But lets face it, haven’t we all seen this stuff floating around? But we don’t stand up to evil with lies. Do you know what stops evil? The Truth stops tyranny. God and his restraining hand through scripture.

So today I want to say it is ok to be vaccinated just as it is ok not to be, I love you all regardless of your vaccine status or masking choices. And if you can’t say the same thing please examine your heart! The kingdom of darkness in this world is trying hard to destroy the church, lets not do that to ourselves. The bonds of love through Christ unite us.

I will echo some of the things I said to the district administrators before school started, we know where our compass is pointing, where our true north is, Christ Jesus our Lord. We are all taking that journey and because of God’s grace he has chosen to have us all walk together right now. When one of us stumbles we do not watch them fall and leave them lay. We stop and help them get back up so we can all finish strong. If we don’t do that for each other, who else will. We are going to be facing some dark times ahead, unless God comes soon or grants repentance to our country. Absent that the darkness around us will continue to grow. You know what defeats darkness? Light, a single small candle pushes the darkness back, and the more candles you light the more the darkness retreats as it exponentially grows more intense. Let’s go be that like, just like Paul was here in Acts. He faced darkness, but through his faith and the power of Christ he squarely faced the darkness and showed the light of Christ everywhere he went. Let’s pray.

Father, we’re thankful this morning for the joy that has been ours in just seeing again the pages of the Word of God and having revealed to us the truth of God. Thank You for the principles we’ve seen and learned this morning hour. We realize, Father, that it is the one, totally dedicated life that You multiply and use to Your glory, and we desire above all that, through the power of the Holy Spirit, might be those kinds of lives that touch other lives and affect our world. That we might influence our world for Christ and shine your light that defeats darkness, no matter the price that we must pay. We thank You for that privilege. We await the day when we will be with You and hear, “Well done, good and faithful servant.” We pray in Christ’s name, Amen.