Expositor's Bible Commentary Commentary Acts 25:12

"Then Festus, when he had conferred with the council, answered, Thou hast appealed unto Caesar: unto Caesar shalt thou go." — Acts 25:12 (ASV)

Festus’s discussion with his advisors was probably not whether an appeal to Caesar should be allowed. Rather, he had to determine (1) whether the charges against his prisoner fell into the category of normal provincial jurisdiction or went beyond that jurisdiction, and (2) whether it was either just or feasible to acquit the prisoner and make the appeal unnecessary. Since the charges against Paul concerned political sedition, which in Roman law could be punished by death, and profanation of the Jerusalem temple, which in Jewish law called for death, Festus had no choice but to acknowledge the extraordinary character of the charge and accept Paul’s appeal. But Festus still had the legal right to pronounce an acquittal after the act of appeal. Yet politically no newly arrived governor would have dreamt of antagonizing the leaders of the people he sought to govern by acquitting one against whom they were so vehemently opposed. It was more a political than legal decision Festus had to make, and he was probably only too glad to have this way out of a very sticky situation. So he agreed to the appeal.