This basilica, though perhaps not then itself in existence, will always have peculiar interest as showing the form and character of that earlier basilica in the Palace of the Cæsars, in which St. Paul was tried before Nero. But it is quite possible that it may be the same actual basilica itself,--and that the palace of Nero which overran the whole of the hill, may have had its basilica on this site, where it was preserved by Vespasian in his later and more contracted palace.
"The appeals from the provinces in civil causes were heard, not by the emperor himself, but by his delegates, who were persons of consular rank: Augustus had appointed one such delegate to hear appeals from each province respectively. But criminal appeals appear generally to have been heard by the emperor in person, assisted by his council of assessors. Tiberius and Claudius had usually sat for this purpose in the Forum; but Nero, after the example of Augustus, heard these causes in the imperial palace, whose ruins still crown the Palatine. Here, at one end of a splendid hall,[109] lined with the precious marbles of Egypt and of Libya, we must imagine Cæsar seated in the midst of his assessors. These councillors, twenty in number, were men of the highest rank and greatest influence. Among them were the two consuls and selected representatives of each of the other great magistracies of Rome. The remainder consisted of senators chosen by lot. Over this distinguished bench of judges presided the representatives of the most powerful monarchy which has ever existed,--the absolute ruler of the whole civilised world.
"Before the tribunal of the blood-stained adulterer Nero, Paul was brought in fetters, under the custody of his military guard. The prosecutors and their witnesses were called forward, to support their accusation; for although the subject-matter for decision was contained in the written depositions forwarded from Judæa by Festus, yet the Roman law required the personal presence of the accusers and the witnesses, whenever it could be obtained. We already know the charges brought against the Apostle. He was accused of disturbing the Jews in the exercise of their worship, which was secured to them by law; of desecrating their Temple; and, above all, of violating the public peace of the empire by perpetual agitation, as the ringleader of a new and factious sect. This charge was the most serious in the view of a Roman statesman; for the crime alleged amounted to _majestas_, or treason against the commonwealth, and was punishable with death.