25 When they had tied him up with thongs, Paul asked the centurion who stood by, "Is it lawful for you to scourge a man who is a Roman, and not found guilty?"
*Minor differences ignored. Grouped by changes, with first version listed as example.
Is it lawful? He allegeth first the privilege of the city, then he defendeth himself by common law. And though there were more weight in the second point, (to wit, that it is not lawful to scourge a man before his cause is heard) yet should he have prevailed nothing, unless the centurion had been more moved with the honor of the Roman empire. For nothing was then more heinous than to do any thing which was contrary to the liberty of the people of Rome. Valerius' law, the law of Porcius, and of Sempronius, and such like, did forbid that no man should do any violence to the body of the city of Rome [1] without the commandment of the people. The privilege was so (sure and) holy, that they thought it to be not only a deadly offense, but also such an offense as could not be purged, that a citizen of Rome should be beaten. Therefore, Paul escaped rather by the privilege than by common equity, yet did he not doubt in a good cause to bear off the injury which was prepared for him, with this buckler of the city. But we must know that he did so allege the right and privilege of the city, that the chief captain was brought to believe him, because his words should not have been credited unless he had used some proof. Moreover, it was no hard matter for a man, who was well known, to bring forth witnesses. We alleged a cause in the sixteenth chapter, why he suffered himself to be scourged at Philippos, [Philippi] which he now preventeth by his own declaration; to wit, because he should not have been heard in a tumult raised among the common people (Acts 16:37). But because he hath now to deal with the soldiers of Rome, who did behave themselves more moderately and gravely, he useth the opportunity.
1 - "Civis Romani," a Roman citizen.
Bound him with thongs - With cords, preparatory to scourging.
Is it lawful - It was directly contrary to the Roman law to bind and scourge a Roman citizen. See the notes on Acts 16:36-37.
And as they bound him, etc. - They were going to tie him to a post, that they might scourge him.
Is it lawful, etc. - The Roman law absolutely forbade the binding of a Roman citizen. See the note on Acts 16:37.
(4) And as they bound him with thongs, Paul said unto the centurion that stood by, Is it lawful for you to scourge a man that is a Roman, and uncondemned?
(4) There is no reason why we may not use those lawful means which God gives us in order to repel or prevent an injury.
And as they bound him with thongs,.... To a pillar, in order to be scourged, according to the Roman manner (d). Nor was the Jewish form of scourging much unlike, and perhaps might be now used, which was this; when they scourge anyone they bind both his hands to a pillar, here and there --and they do not strike him standing nor sitting, but inclining (e); for the pillar to which he was bound was fixed in the ground, and so high as for a man to lean upon (f); and some say it was two cubits, and others a cubit and a half high (g): and the word here used signifies an extension, or distension; perhaps the stretching out of the arms to the pillar, and a bending forward of the whole body, which fitly expresses the stooping inclining posture of the person scourged, and was a very proper one for such a punishment: now as they were thus fastening him with thongs to the pillar, and putting him in this position,
Paul said unto the centurion that stood by; to see the soldiers execute the orders received from the chief captain:
is it lawful for you to scourge a man that is a Roman, and uncondemned? Though the apostle puts this by way of question, yet he knew full well what the Roman laws were in such cases; he did not put this through ignorance, or for information, but to let them know who he was, and to put them in mind of these laws, and of their duty; for, according to the Porcian law, Roman citizens were not to be beaten (h). Hence, says (i) Cicero,
"it is a heinous sin to bind a Roman citizen, it is wickedness to beat him, it is next to parricide to kill him, and what shall I say to crucify him?''
And, according to the Valerian law, it was not lawful for magistrates to condemn a Roman without hearing the cause, and pleading in it; and such condemned persons might appeal to the populace (k).
(d) Lipsius de Cruce, l. 2. c. 4. (e) Misna Maccot, c. 3. sect. 12, 13. (f) Bartenora in ib. (g) Yom Tob in ib. (h) Cicero pro Rabirio Orat. 18. (i) In Verrem Orat. 10. (k) Pompon. Laetus de Legibus, p. 157.
Paul said to the centurion that stood by--to superintend the torture and receive the confession expected to be wrung from him.
Is it lawful for you to scourge a man that is a Roman, &c.--See on Acts 16:37.
And as they - The soldiers ordered by the tribune, were binding him with thongs - A freeman of Rome might be bound with a chain and beaten with a staff: but he might not be bound with thongs, neither scourged, or beaten with rods: Paul said to the centurion - The captain, who stood by to see the orders of the tribune executed.
*More commentary available at chapter level.