Acts 25:10-12 10But Paul said, “I am standing before Caesar’s tribunal, where I ought to be tried. I have done no wrong to the Jews, as you yourself know very well. 11Therefore, if I have done wrong and deserve death, anything worthy of death, I do not refuse to die. 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 discussed with his council, answered, “To Caesar you have appealed; to Caesar you shall go.”
Paul had been cornered and had to think quickly. He knew going to Jerusalem was not a good idea. He shifted gears in his defense, realizing that he had no advocate in the governor. He was on his own. His response to Festus was rather strong. First, he appealed to Roman justice. He was in a Roman court, which should have been a place for clear justice to be followed, but Festus was hesitant. In a way, Paul was subtly reprimanding Festus for failing to uphold Roman justice, particularly with his added comment at the end of verse 10 that Festus himself knew Paul was innocent. Second, Paul was not afraid to die if he was guilty of anything deserving it, but if he could live longer, all the better because he could continue his witness. He later echoed a similar thought in Philippians 1:21.
Third, since Festus was not going to act, Paul felt he had only one option left: to seek Roman justice by appealing to Caesar. An ancient Roman practice allowed citizens to appeal their cases to a higher court. The one higher than a provincial governor was the court in Rome, with the emperor as the judge. As the ending chapters of Acts evidences, that process could take some time. Festus faced another decision. He could have denied the appeal and just pronounced Paul as innocent, thus holding up Roman justice. He could have surrendered to the Jews’ request and moved the trial to Jerusalem. However, knowing Paul was innocent, Festus could not legally hand him over to the Jews, as Paul clearly point out with the phrase, no one can give me up to them. Festus took a third alternative, which freed him from any responsibility and solved the situation from his perspective. He could not legally hand Paul
Festus’ response in verse 12 sounds almost like an exasperation, though he should get some credit for consulting his council, who would have been key administrators for the province. They might have recognized the corner Festus was in. Leaders often face challenges like this where there is no easy answer. Instead of choosing the right path, he chose the easy path by passing the case on to Caesar. He may have also realized that the case was more significant in that Paul was a recognized leader among a growing sect of Christians and the potential tension in Jerusalem if he did not appease the leaders there. As the new governor, he needed to keep the peace. Sending the case onward and upward would solve the problem of justice for Paul and placate the Jews.