But Paul said unto them, They have beaten us openly uncondemned, being Romans, and have cast us into prison; and now do they thrust us out privily? nay verily; but let them come themselves and fetch us out. They have beaten us openly - being Romans - St. Paul well knew the Roman laws; and on their violation by the magistrates he pleads. The Valerian law forbade any Roman citizen to be bound. The Porcian law forbade any to be beaten with rods. "Poreia lex virgas ab omnium civium Romanorum corpore amovit." And by the same law the liberty of a Roman citizen was never put in the power of the lictor. "Porcia lex libertatem civium lictori eripuit." See Cicero, Orat. pro Rabirio. Hence, as the same author observes, In Verrem, Orat. 5: "Facinus est vinciri civem Romanum, scelus verberari." It is a transgression of the law to bind a Roman citizen: it is wickedness to scourge him. And the illegality of the proceedings of these magistrates was farther evident in their condemning and punishing them unheard. This was a gross violation of a common maxim in the Roman law. Causa cognita, possunt multi absolvi; incognita, nemo condemnari potest. Cicero. "Many who are accused of evil may be absolved, when the cause is heard; but unheard, no man can be condemned." Every principle of the law of nature and the law of nations was violated in the treatment these holy men met with from the unprincipled magistrates of this city.
Let them come themselves and fetch us out - The apostles were determined that the magistrates should be humbled for their illegal proceedings; and that the people at large might see that they had been unjustly condemned, and that the majesty of the Roman people was insulted by the treatment they had received.