Albert Barnes Commentary Acts 25:16

"To whom I answered, that it is not the custom of the Romans to give up any man, before that the accused have the accusers face to face, and have had opportunity to make his defense concerning the matter laid against him." — Acts 25:16 (ASV)

It is not the manner, etc. He states here the reasons he gave to the Jews for not delivering Paul into their hands. In Acts 25:4-5, we have an account of the fact that he would not grant the requests of the Jews, and he states here that the reason for his refusal was that it was contrary to Roman law.

Appian, in his Roman history, says, "It is not their custom to condemn men before they are heard." Philo, De Praesi. Rom., says the same thing. In Tacitus (Annals 2), it is said, "A defendant is not to be prohibited from presenting all things by which his innocence may be established." It was for this that the equity of 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 the privilege of every man here 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 men. In this respect, our jurisprudence surpasses all that Rome ever enjoyed and is not inferior to that of the most favored nation on earth.

To deliver. To give him up as a favor—charizesthai—to popular clamor and caprice. Yet our Savior, in violation of Roman laws, was thus given up by Pilate (Matthew 27:18–25).

Have the accusers face to face. So that he may know who they are, hear their accusations, and refute them. Nothing contributes more to justice than this. Tyrants allow men 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 present all possible testimony in his own defense.

And have license. Greek, "place of apology," meaning he may have the liberty of defending himself.