At the best of times, Jewish leaders detested the Roman occupation of their ancient homeland. A primary difference between various political parties in Jewish society was their degree of compromise in dealing with Rome. This only made things more tense, as Roman administrators typically found Jewish culture and politics incomprehensible. Felix had failed to keep the peace. Upon his appointment as procurator in 60 AD, Porcius Festus was under pressure from Rome to make all efforts to restore order and calm. Balancing between the demands of Roman Law and Jewish intransigence was challenging, to say the least.
His first inclination was to court the Jewish leaders, seeking to smooth any ruffled feathers. Just three days after arriving in Caesarea, he traveled to Jerusalem to meet with the senior members of the Sanhedrin. Seeing their opportunity, among other things, they raised the issue of Paul. Luke notes the cynical nature of their request. They wanted Festus to bring Paul up for a hearing, but planned to ambush him. We can be sure their plans included plausible denials of involvement. However, unlike the previous plan to murder Paul, Luke indicates the Sanhedrin were in charge, not simply going along with someone else's plans. We aren't told why Festus declined, but it would have been proper procedure for a Roman prisoner to be heard in a Roman court first. After another ten days, a Sanhedrin delegation accompanied Festus back to Caesarea.
Festus proceeded immediately with Paul's case. The delegates made all sorts of dire accusations, but offered no proof. Thus, Paul needed state only for the record he had broken no laws, neither Roman nor Jewish. It was clear to Festus this was true, at least for Roman law. Since the nature of the dispute was completely outside his jurisdiction, consisting merely of Jewish religious questions, and he was obliged to make nice where he could, he proposed moving the case back to Jerusalem, where the crime was supposed to have occurred. As a Roman citizen, Paul had the right to be heard before a Roman magistrate, and Festus offered to perform that chore himself.
Paul was not so easily swayed. We cannot forget he knew he was going to Rome one way or another. It wasn't lack of faith, but a sure knowledge this thing had dragged on long enough. If Luke knew about the plot, then Paul did. Telling Festus might sound like the same wild exaggerations made by the Sanhedrin. It was painfully obvious they had no case. At any rate, even Rome would be more just than the Jewish leaders, so Paul appealed to Caesar. If that resulted in execution, so be it, but the blind murderous hatred of the Sanhedrin was hardly the place to look for justice. After conferring with his advisors, Festus announced Paul's appeal was granted.
Still, it was no simple matter, since Festus had no clue how to address the Imperial Court regarding Paul. A client state, which Festus had been ordered to pacify by the best means he could find, wanted this man executed. But their complaint was of no interest to Roman law. While he could have easily dismissed the case out of hand, it seemed too important to the Jewish leaders. Even if released, Paul's life would be at risk until he could disappear, much as Peter had done. Remaining in Roman custody was frankly safer, and would allow him to finish his mission. What was Festus to do?
The next order of official business was receiving Herod Agrippa II, who brought along his sister, Bernice. Her first husband had died, so she played her brother's consort until she was later made mistress to two Roman emperors. While Agrippa's limited jurisdiction did not include Jerusalem, Festus was hoping to have advice from someone more familiar with these incomprehensible Jewish disputes with Paul. Thus, Festus made this the central entertainment of an official reception, which included ranking Roman officers and dignitaries from the City of Caeserea. It would be a high honor for these guests to act as jury of an important case.
Festus made a very formal introduction to the case. His stated concern was guidance in what he should present as the charges. This required an acute understanding of both Roman law and Jewish religion. Surely in such an august assembly, with a Jewish king, he could find something useful to write for Caesar's court. We can be sure no one missed the importance of placating the Sanhedrin, if at all possible. The case would have been utterly inconsequential, otherwise. Still, it had to at least resemble Roman justice.
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By Ed Hurst
17 October 2009
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