Governor Felix postponed the case of Paul and detained him for two years. According to historians, during this interval the Jews took up arms against the Gentiles in the Caesarea marketplace. Felix told the soldiers to fight against the rioters, resulting in the death of many of these. The Jews made a formal complaint to the emperor; he called Felix to Rome, and sent Porcius Festus to replace him, in the autumn of AD 60.
We know very little about Festus. He is generally considered a more worthy man than Felix, and was more successful in ridding the country of thieves and murderers that plagued the people. However, Paul did not receive better treatment in his hands, and he showed the same lack of sincerity, and a desire to please the Jews, as his predecessor. He died two years after taking office.
Three days after arriving in Caesarea, Festus went up to Jerusalem and had a hearing with the chief priests and the most eminent Jews. These complained against Paul, and besought Festus to send him up to them so that they could deal with him themselves. Despite the time elapsed, they had not forgotten him and with deadly hatred plotted to ambush and kill him on the way.
Festus did not attend to their request, but allowed their leaders to go down to Caesarea with him on his return, so he could formally hear their objections in court in the presence of Paul, and give him the opportunity to defend himself according to the Roman laws.
Little more than a week later, they all arrived in Caesarea, and on the following day Festus sat as judge in court, sent for Paul and started listening to the serious accusations of the Jews. Although they were many, they could not prove any of them.
Speaking in his own defence, in the face of the obvious legally invalid charges, in a few words Paul declared he had not sinned in any way against the law of the Jews, the temple, or Caesar.
Seeing that he had no basis to condemn Paul, but that it would be politically damaging to absolve him, Festus proposed to Paul to continue the trial in Jerusalem. It was what the Jews had originally asked, with the difference that Festus now would himself chair the trial. Festus had to get permission from Paul because of his Roman citizenship, but he was expected to agree having Festus as judge.
However, if Festus was not inclined to do justice in Caesarea, where he normally judged, it was even less likely that he would in Jerusalem, in the midst of the great hostility against Paul he would find there. Just two years earlier the troublemakers, the Sanhedrin and forty conspirators had sought to murder Paul. Although seeming plausible, Festus had no more courage to do justice than his predecessor did.
Paul realized that Festus did not want to fulfil his duty to do justice, preferring to allow the Jews to carry out their revenge, to win their liking. So Paul protested that he was before a Roman court ("Caesar’s"), where he ought be judged: Festus, as a judge, had now found that Paul had done no evil against the Jews; if he, on the contrary, had been an evildoer and had done anything worthy of death, he would not refuse to die; but if they had no evidence to prove their accusations, no one could deliver him to them (even Festus), therefore he appealed to the superior court of Caesar (which was his right as a Roman citizen).
We have here an interesting parallel with the judgment of the Lord Jesus: He also went through a trial by the Roman court (Pilate) after having been declared guilty of blasphemy by the Sanhedrin (for declaring His identity as the Son of God - Luke 22:70). Pilate tried to avoid the issue by sending Him to Herod, but Herod simply returned Him to Pilate without accepting responsibility for the trial. In his own judgment, Pilate declared that Jesus was innocent but, to please the Jews, he symbolically washed his hands as if to disclaim his responsibility, and delivered Him to the Jews, who took upon themselves the blame for His death.
Although he was Himself the supreme authority, the Lord did not have Roman citizenship like Paul, and did not have the option to appeal to Caesar if He had wanted. However, the Lord gave His life willingly, for that was His mission. Paul had to use the legitimate means at his disposal to save his life, because he had not yet entirely fulfilled his mission.
The appeal to Caesar was a rebuke to Festus for hesitating in doing his duty, and he used his legal counsel to find the best way out for saving his injured dignity, but as there was none he exclaimed (in a challenging voice?), "You have appealed to Caesar? To Caesar you shall go! "
Days later King Herod Agrippa II and his sister Berenice came to salute Festus on his appointment to the office of governor. This king was the son of Herod Agrippa I who had murdered James and arrested Peter in the early church in Jerusalem (chapter 12: 1-4).
Agrippa II was not king of Judea, but Claudius Caesar gave him the government of the temple of Jerusalem, which included the right to appoint the high priest. He brought on himself the wrath of the Jews for building his palace in a place from which he had a panoramic view of the temple, and for the frequent changes in the high priesthood. According to historians, Berenice was of unusual beauty but of ill repute.
During their long stay, Festus told them the case of Paul, in his own way, and stated that the Jews “brought no accusation against him of such things as I supposed, but had some questions against him about their own religion and about a certain Jesus, who had died, whom Paul affirmed to be alive." This aroused the curiosity of Agrippa, who was interested in hearing him personally, which is not surprising given his authority over the priesthood and the temple. Festus volunteered to present Paul to the king on the next day, certainly with the hope that he could give a brief solution to the problem that Paul represented.
It was a simple private audience: Festus used the occasion to honour Agrippa and Bernice with a large ostentatious ceremonial, for which he gathered in the auditorium military chiefs and the most important men of Caesarea. On Paul’s arrival, Festus made a small presentation speech, addressed to the king and all the characters present, introducing Paul as "this man about whom the whole assembly of the Jews petitioned me, both at Jerusalem and here, crying out that he was not fit to live any longer. "
After this exaggeration, he confessed that he thought that Paul had done nothing deserving of death, but as Paul himself had appealed to the emperor Augustus, he decided to send him. He left the impression in the auditorium that he had been fair and forgiving towards this man.
He also said he confronted a dilemma: he did not know what to write to the Emperor, because he could not accuse Paul of some crime worthy of death, and it would be unreasonable to send him without being accompanied by accusations. He therefore hoped that something would arise from this interrogation to give him a motive for writing!
1 Now when Festus had come to the province, after three days he went up from Caesarea to Jerusalem.
2 Then the high priest and the chief men of the Jews informed him against Paul; and they petitioned him,
3 asking a favor against him, that he would summon him to Jerusalem—while they lay in ambush along the road to kill him.
4 But Festus answered that Paul should be kept at Caesarea, and that he himself was going there shortly.
5 "Therefore," he said, "let those who have authority among you go down with me and accuse this man, to see if there is any fault in him."
6 And when he had remained among them more than ten days, he went down to Caesarea. And the next day, sitting on the judgment seat, he commanded Paul to be brought.
7 When he had come, the Jews who had come down from Jerusalem stood about and laid many serious complaints against Paul, which they could not prove,
8 while he answered for himself, "Neither against the law of the Jews, nor against the temple, nor against Caesar have I offended in anything at all."
9 But Festus, wanting to do the Jews a favor, answered Paul and said, "Are you willing to go up to Jerusalem and there be judged before me concerning these things?"
10 So Paul said, "I stand at Caesar's judgment seat, where I ought to be judged. To the Jews I have done no wrong, as you very well know.
11 For if I am an offender, or have committed anything deserving of death, I do not object to dying; but if there is nothing in these things of which these men accuse me, no one can deliver me to them. I appeal to Caesar."
12 Then Festus, when he had conferred with the council, answered, "You have appealed to Caesar? To Caesar you shall go!"
13 And after some days King Agrippa and Bernice came to Caesarea to greet Festus.
14 When they had been there many days, Festus laid Paul's case before the king, saying: "There is a certain man left a prisoner by Felix,
15 about whom the chief priests and the elders of the Jews informed me, when I was in Jerusalem, asking for a judgment against him.
16 To them I answered, 'It is not the custom of the Romans to deliver any man to destruction before the accused meets the accusers face to face, and has opportunity to answer for himself concerning the charge against him.'
17 Therefore when they had come together, without any delay, the next day I sat on the judgment seat and commanded the man to be brought in.
18 When the accusers stood up, they brought no accusation against him of such things as I supposed,
19 but had some questions against him about their own religion and about a certain Jesus, who had died, whom Paul affirmed to be alive.
20 And because I was uncertain of such questions, I asked whether he was willing to go to Jerusalem and there be judged concerning these matters.
21 But when Paul appealed to be reserved for the decision of Augustus, I commanded him to be kept till I could send him to Caesar."
22 Then Agrippa said to Festus, "I also would like to hear the man myself." "Tomorrow," he said, "you shall hear him."
23 So the next day, when Agrippa and Bernice had come with great pomp, and had entered the auditorium with the commanders and the prominent men of the city, at Festus' command Paul was brought in.
24 And Festus said: "King Agrippa and all the men who are here present with us, you see this man about whom the whole assembly of the Jews petitioned me, both at Jerusalem and here, crying out that he was not fit to live any longer.
25 But when I found that he had committed nothing deserving of death, and that he himself had appealed to Augustus, I decided to send him.
26 I have nothing certain to write to my lord concerning him. Therefore I have brought him out before you, and especially before you, King Agrippa, so that after the examination has taken place I may have something to write.
27 For it seems to me unreasonable to send a prisoner and not to specify the charges against him."