Commentary on Numbers, Book · Chapter 35
CHAP. XXXV.
Chapter XXXV Verſe 1 Ver. 1. AND the LORD ſpake unto Moſes, in the Plains of Moab, by Jordan near Jericho, ſaying.] See XXII. 1. Hitherto nothing hath been ſaid of the Levites; but that they ſhould have no Lot in the Land of Canaan. But now God provides that they ſhould have Habitations aſſigned them to dwell in, though they had no Fields, nor Olive-yards, &c. as the reſt of their Brethren had. They might indeed have been able to purchaſe Houſes for themſelves out of the Tithes, and other things which God had long ago beſtowed upon them for their Portion: but it was not fit that God's Miniſters ſhould be left without any certain dwelling. And beſides, God would have them live comfortably, and not only have Houſes, but a little Ground about them, for their more commodious Subſiſtence.
Verſe 2 Ver. 2. Command the Children of Iſrael, that they give unto the Levites of the Inheritance of their poſſeſſion.] Out of their ſhare that ſhall fall to them in the Land of Canaan, and on this ſide Jordan.
Cities to dwell in.] That they might not be in danger to wander up and down to ſeek an Habitation.
And ye ſhall give alſo to the Levites Suburbs for the Cities round about them.] Some Ground lying round about their Cities, the reaſon of which is given in the next verſe.
Ver. 3. And the Cities they ſhall have to dwell in.] Verſe 3 That they may build Houſes for themſelves to dwell in. Which did not make it unlawful for them to hire, or purchaſe Houſes in any other City, particularly at Jeruſalem, or the place where the Tabernacle was ſettled; for we find in Scripture many proofs of their dwelling in other Cities, beſide theſe which are here aſſigned to them. And in like manner, other People with their permiſſion, might dwell with them in theſe Cities, without any breach of this Law.
And the Suburbs ſhall be for their Cattle.] To afford Paſture for their Oxen, and Sheep.
And for their Goods.] The Hebrew word ſignifies, not only all kind of Houſhold-ſtuff, but whatſoever was neceſſary for them and their Cattle without doors.
And for their Beaſts.] Horſes, Aſſes, Mules, and all ſorts of living Creatures, as the Hebrew word ſignifies. But it was not lawful for them to build Houſes in theſe Fields, nor plant Vineyards, nor ſow Corn: but they were given them only to make their Dwellings more ſweet; and that they might have the convenience of Cattle about them, for Proviſions and all other uſes.
Ver. 4. And the Suburbs and Cities which ye ſhall give Verſe 4 unto the Levites.] To be their Poſſeſſion, by as good and full a right, as their Brethren of the other Tribes had in their Lands, which fell to them for their Inheritance by Lot. See XXV Lev. 31, 32, 33. where they themſelves are diſabled to alienate, either the Houſes or Fields of their Cities. But if they ſold a Houſe, it was to revert at the Jubilee; and the Fields they could not ſo much as ſell till that time.
Shall reach from the Walls of the City and outward, a thouſand Cubits round about.] This ſpace was for their Out-houſes; as Stables, Places for Hay and Straw, and ſuch like things; and perhaps for Gardens of Herbs and Flowers. The Gemara, upon the Ninth Chapter of Sota, ſect. 9. ſaith, That under the ſecond Temple, the Levites had no Suburbs; which were not reſtored to them after the Captivity of Babylon. But there being great care taken that the People ſhall pay all the Tithe of their ground unto the Levites, X Nehem. 37. it is unreaſonable to think that care was not taken for places to lay them in.
Verſe 5 Ver. 5. And ye ſhall meaſure from without the City.] It is not ſaid, as in the foregoing verſe, from the wall of the City; therefore I take it to ſignifie from the outſide of the Suburbs before mentioned.
On the Eaſt ſide two thouſand Cubits, and on the South ſide two thouſand Cubits, &c.] So there was in the whole three thouſand Cubits round about the City: a thouſand for the Suburbs properly ſo called; and two thouſand more for their Paſture, called properly the Fields of the Suburbs, XXV Lev. 34. This is the moſt natural and eaſie Explication of this place.
And the City ſhall be in the midſt.] So that there was exactly, every way, ſuch a Circuit of Ground about it.
This ſhall be the Suburbs of the Cities.] Here the word Suburbs comprehends the Fields alſo. And Maimonides ſaith, that by the Conſtitution of the Elders, they ſet forth alſo a Burying place for every City beyond theſe Limits: For they might not bury their Dead within the Suburbs or Fields: which they ground upon the foregoing verſe, which appoints them for other uſes, Schemita ve jobel, cap. 13.
Ver. 6. And among the Cities which ye ſhall give unto Verſe 6 the Levites, there ſhall be ſix Cities for Refuge.] Three in the Land of Canaan, and three on the other ſide Jordan, v. 14. The names of which are ſet down XX Joſh. 7, 8. And thoſe on the other ſide Jordan were ſet apart by Moſes himſelf before he died, IV Deut. 43. The reaſon of their being called Cities of Refuge, is given in the next words.
Which ye ſhall appoint for the Man-ſlayer.] Such a Man-ſlayer as is afterward deſcribed; who killed another againſt his will.
That he may flee thither.] And there be preſerved and kept in ſafety, if he was not found guilty of wilful Murder. The Cities of the Levites were appointed for this purpoſe, rather than any other, becauſe they were a kind of Sacred Places, inhabited by Sacred Perſons. And here Men might ſpend their time better, than in other Cities, being among God's Miniſters; who might make them ſenſible of the negligence which Men were commonly guilty of in ſuch Caſes, and of ſuch Sins as they might have otherwiſe committed.
And to them ye ſhall add forty two Cities.] Which had all the ſame Priviledge, if we may believe the Hebrew Doctors; but not equally with the ſix. For in the ſix a Man-ſlayer was to have an Houſe to dwell in for nothing; but in the other forty two, he was to pay for it. And the Levites could not refuſe him entrance into the ſix; but as for the reſt, it was in their choice whether they would receive him or no. Thus Maimonides out of their ancient Authors. See Selden, Lib. IV. de Jure Nat. & Gent. juxta Diſcipl. Hebr. cap. 2. where he obſerves that the Altar alſo was a place of Refuge, according to XXI Exod. 14. but with many Exceptions; both with relation to the parts of the Altar, and to the Perſons who fled thither, and to the quality of the offence, and their ſtay there; which very much leſſened the Priviledge of this Refuge.
Verſe 7 Ver. 7. So all the Cities, which ye ſhall give to the Levites ſhall be forty eight Cities, &c.] Accordingly we read Joſhua gave them ſo many, XXI Joſh. 41. Thirteen of which the Prieſts had; and the reſt the Levites. And in the days of the Meſſiah (whom they vainly ſtill expect) other Cities ſhall be added to them (ſaith Maimonides) which ſhall belong to the Levites.
Verſe 8 Ver. 8. And the Cities which ye ſhall give them, ſhall be of the poſſeſſion of the Children of Iſrael.] And ſo it is ſaid XXI Joſh. 3. that the Children of Iſrael gave unto the Levites out of their Inheritance, theſe Cities and their Suburbs. Where we read alſo, they were given them by Lot, as the Children of Iſrael had their Inheritance given them.
From them which have many ye ſhall give many, and from them that have few ye ſhall give few.] According to the Rule in diſtributing their Inheritances to the Iſraelites, XXXIII. 54.
Every one ſhall give of his Cities unto the Levites, according to the Inheritance which he ſhall inherit.] Thus they gave Nine Cities out of the two Tribes of Judah and Simeon, XXI Joſh. 16. and but Four out of Benjamin, which was a ſmall Tribe, v. 18. out of the Tribes of Iſſachar and Aſher Four apiece, v. 28, 31. and out of Naphtali no more than three, verſ. 32.
Ver. 9. And the LORD ſpake unto Moſes, ſaying.] This being a matter of great importance, that guiltleſs Men ſhould not ſuffer, nor the guilty eſcape Puniſhment, Verſe 9 the LORD gives Moſes further direction about it, as he promiſed he would in XXI Exod. 13.
Ver. 10. Speak unto the Children of Iſrael, and ſay Verſe 10 unto them.] Repeat this Command to them; which God himſelf repeated to Joſhua, XX. 1, 2.
When ye be come over Jordan, into the Land of Canaan.] When they had poſſeſſion of it, and divided it, and were ſettled in it: So it is explained XIX Deut. 1, 2.
Ver. 11. Then ſhall ye appoint you Cities to be Cities Verſe 11 of Refuge for you.] This ſeems to ſignifie that all the Cities of the Levites were in ſome ſort a protection to the Man-ſlayer, as I ſaid upon v. 6. Such places the Temples were among the Athenians, as Sam. Petitus obſerves in Leges Atticas, p. 12, 13. yet not all of them; for he can find only ſix: that of Mercy, and that of the Eumenides and Minerva, and thoſe dedicated to Theſeus (one of them within the City, the other without the Walls) and that in Munychia.
That the Man-ſlayer may flee thither, which killeth any perſon at unawares.] Or as it is XX Joſh. 3. unwittingly, XIX Deut. 4. ignorantly: that is, beſides his intention, having no ſuch deſign, nor hatred to him, as is there expreſly ſaid, and here below, v. 22. This is repeated v. 15. And the Inſtances of it are ſuch as theſe, mentioned by Georg. Ritterhuſius de Jure Aſylorum, cap. 4. If a Man cutting Wood, the Hatchet flying from the Helve, ſhould hit a Man and kill him: or a Huntſman ſhooting at a Deer in a Thicket ſhould kill a Man, whom he did not ſee lying there: An Example of which we have in Adraſtus, mentioned by Herodotus, Lib. I.
Ver. 12. And they ſhall be unto you Cities for Refuge Verſe 12 from the Avenger.] From him who had a right to call a Murderer to account for the Blood he had ſhed, and is therefore called the Avenger of Blood, v. 19. who being ſtimulated with Anger and Grief for the Death of a near Relation, might in a heat of Rage, haſtily kill him who was not guilty of Murder. And therefore this proviſion is made, for the preſervation of an innocent Perſon, againſt the violent Proſecution of the Avenger. In the Hebrew the word for Avenger is Goel, which ſignifying a Redeemer, plainly denotes that the next of Kin to him that was ſlain, is here meant. For to that Perſon belonged the right of Redemption of Eſtates, XXV Lev. 25. and of marrying the Wife of a Kinſman deceaſed without Iſſue, III Ruth 12, 13. And conſequently ſuch a Perſon, that is, the neareſt of Kin, is here intended to be the Revenger of Blood: And therefore no Man might undertake this Office, but he alone who was the next Heir to him that was ſlain; as Mr. Selden obſerves, Lib. IV. de Jure Nat. & Gent. cap. 1. p. 469. Grotius obſerves the like Cuſtom among the ancient Greeks, of private Men taking Revenge for the Death of their Relations or Friends, Lib. II. de Jure Belli & Pacis, cap. 20. ſect. 8. n. 6.
That the Man-ſlayer die not.] By a ſudden heat of Paſſion. This was a merciful proviſion (as Maimonides obſerves) both for the Man-ſlayer, that he might be preſerved; and for the Avenger, that his Blood might be cool'd, by the removal of the Man-ſlayer out of his ſight, by his flight to another place, More Nevochim, P. III. cap. 40.
Ʋntil he ſtand before the Congregation.] The City of Refuge protected him that fled thither, Salvo tamen juris & juſtitiae examine, (as the Lawyers ſpeak) yet ſo that the Matter ſhould be brought to a fair Trial before proper Judges. They of the City of Refuge examined him, before his admittance into the place, XX Joſh. 4. But they were not Judges, nor could they examine Witneſſes. And therefore he was delivered, upon demand, to the Senate or Court of Judgment, of that City where the Fact was committed, that they might try whether he were guilty or no of wilful Murder. So the Hebrews underſtand the word Edah, Congregation, in this place (as in many others) to ſignifie the Sanhedrim of XXIII. as Mr. Selden obſerves, Lib. II. de Synedr. cap. 5. n. 2. and Lib. III. cap. 8. n. 3. And as by Congregation is meant the Court where Cauſes were tried; ſo it is reaſonable to interpret it of that Court, which ſat in the City where the Fact was committed, and not that in the City of Refuge; becauſe there the Witneſſes were; and it is expreſly ſaid, v. 25. that if the Congregation found him to be innocent, he ſhould be restored to the City of Refuge. Which evidently ſuppoſes he was not judged there, but in another place; and none ſo proper, as that before mentioned.
Ver. 13. And of theſe Cities which ye ſhall give, ſix Verſe 13 Cities ye ſhall have for refuge.] They might flee unto any other Cities of the Levites; but in theſe ſix they were moſt certain to find Protection. See v. 6. And the beſt proviſion was made for the Man-ſlayers eaſie and ſafe flying thither: For the ways that led thither were to be made very plain and broad, (thirty two Cubits wide) and to be kept in good repair; for which they alledge (in the Title Maccoth, cap. 2. ſect. 5.) thoſe words XIX Deut. 3. Thou ſhalt prepare the way, &c. And two Students in the Law were to accompany him; that if the Avenger of Blood ſhould overtake him, before he got into the City, they might indeavour to pacifie him by wiſe perſwaſions. And that he might not miſs his way to the place whether he intended to flee, there were Poſts erected, where two or three ways met, with this Inſcription MIKLAT, i. e. the City of Refuge, to direct him into that Rode which led to it. A certain day alſo was appointed, which was the fifteenth of February, for the repairing of the High-ways, and of the Bridges, which might have been broken by the Winter Rains and Floods.
Verſe 14 Ver. 14. And ye ſhall give three Cities on this ſide Jordan, and three Cities in the Land of Canaan.] This ſeems not to be an equal Partition; the Land of Canaan being far bigger than the Territory beyond Jordan: for it contained above three parts of four of the Tribes of Iſrael. But it is to be conſidered, that the Country beyond Jordan was as long as the Land of Canaan, though not ſo broad: and that they alſo beyond Jordan might flee to any of the Cities in Canaan, if they were nearer to them. And beſides, God commanded thoſe in Canaan, if he enlarged their Coaſt, to add three Cities more, beſides theſe, XIX Deut. 8, 9.
Why ſix Cities are appointed for this purpoſe, and no more; and why three on one ſide of Jordan, and three on the other, Philo alledges ſome myſtical Reaſons; but ſo far fetcht, that I do not think fit to mention them.
Verſe 15 Ver. 15. Theſe ſix Cities ſhall be a Refuge.] They all began to be ſo at the ſame time, according to the Talmudiſts. For till thoſe three in Canaan were ſet out, theſe three on the other ſide Jordan (though ſet out by Moſes before they went into Canaan, IV Deut. 43.) did not receive any Man-ſlayer. Which they prove (in the forenamed Title Maccoth, cap. 2. ſect. 4.) from theſe very words, theſe ſix ſhall be cities of Refuge; that is, when the other three were appointed, then they all received thoſe that fled to them.
Both for the Children of Iſrael and for the Stranger, and for the Sojourner among them.] Both Strangers and Sojourners had renounced Idolatry; but had not equally embraced the Jewiſh Religion: yet both of them had the ſame ſhare in this Benefit, with the native Iſraelites; it being a natural right, that every Man who was innocent ſhould be protected. The difference between a Stranger and a Sojourner hath been often obſerved, particularly upon XIX Lev. 33, 34. XV Numb. 15, 16.
That every one that killeth any perſon unawares may flee thither.] That is, every one before-mentioned, whether Iſraelites, Strangers, or Sojourners. But as for ſuch as were mere Gentiles, and not ſo much as Proſelytes of the Gate, if they killed another, though a Gentile, they had not the benefit of this Law; becauſe they were not ſuffered to dwell among them, though they traffickt in the Country. And if a Proſelyte of the Gate killed an Iſraelite, or one that was Circumciſed, he alſo, if we may believe the Jewiſh Doctors, was denied protection in theſe Cities. But if he killed one like himſelf, (i. e. a Proſelite of the Gate) then he had the ſame Priviledge with the Iſraelites, as they explain it. See Selden, Lib. IV. de Jure Nat. & Gent. cap. 2. p. 477.
Ver. 16. And if he ſmite him.] Or rather, but if Verſe 16 he ſmite him.
With an Inſtrument of Iron, ſo that he die, he is a murderer.] For it was to be preſumed, that he who run at a Man with a Sword, or any ſuch Weapon, intended to do him a Miſchief; though perhaps he had no Malice to him before-hand; but did it in a Paſſion.
So that he die.] He never going abroad after he was wounded, XXI Exod. 19, 20.
The Murderer ſhall ſurely be put to death.] Be taken away by the Judges, though he were in a City of Refuge; and the Fact being proved, condemned to die for it.
Verſe 17 Ver. 17. And if he ſmite him with throwing a ſtone.] In the Hebrew it is, with a ſtone of the hand. That is, ſay the Jews, with a great Stone that fills the hand: not with a ſmall Stone, with which he could not be preſumed to intend to kill him; though he chanced to do it, by hitting him in the Eye, or ſome other very tender part.
Wherewith he may die.] With a Stone big enough to kill him.
And he die.] So that it appears he died of that blow.
He is a Murderer; the Murderer ſhall ſurely be put to death.] He is as guilty, as the forenamed Perſon, who ſmote with an Inſtrument of Iron: and his fleeing to the City of Refuge ſhall not protect him from Death.
Verſe 18 Ver. 18. If he ſmite him with an hand weapon of wood.] Such as a Battoon (as we now ſpeak) or a Club, or any ſuch kind of Inſtrument, as is likely to kill him.
Wherewith he may die, &c.] It made no difference with what kind of Weapon or Inſtrument he was killed, whether it were of Iron, Wood, or Stone; if he were killed wittingly and knowingly, it was Murder; and the guilty Perſon was to ſuffer for it. Aul. Gellius hath collected the Names of the ſeveral Weapons, which are mentioned in ancient Hiſtory; of which there are near thirty, Lib. X. Noct. Attic. c. 25. one of which, called Lingula, he is pleaſed to explain, being then not common, and ſaith it was a little Sword, in the form of a Tongue, like our Poniard, I ſuppoſe, or Dagger, or long Knife: which was a dangerous Weapon, becauſe Men might hide it under their Clothes, and kill others while they were in familiar diſcourſe with them.
Ver. 19. The avenger of blood himſelf.] See v. 12. Verſe 19
Shall ſlay the Murderer.] This is thought by many to be a mere permiſſion, not a Precept. But the Jews think otherwiſe; that the next of Kin (i. e. the Heir of him that was ſlain) ſtood bound to do his indeavour to avenge his Blood. If he would not, (ſaith Maimonides) or if he was not able; or if no ſuch Avenger was to be found, (i. e. the Murderer himſelf was the next Heir, or the Man ſlain was a Proſelyte of Juſtice without Iſſue) he was to be proſecuted, and put to Death by the Court of Judgment, and that by the Sword. See Selden, Lib. IV. de Jure Nat. & Gent. cap. 1.
When he meeteth him he ſhall ſlay him.] He was not bound to ſtay for the Sentence of the Court, but might kill him whereſoever he found him. See v. 31.
Ver. 20. But if he thrust him of hatred, &c.] Or rather, for if he thrust him, &c. That is, if by any other means, beſides thoſe mentioned v. 16, 17, 18. he kill'd Verſe 20 a Man wittingly; either by puſhing him down violently from an high or ſteep place; or throwing him into the Water; or hurling a Stone at him; or letting any thing fall down upon his Head, though never ſo ſlily; if Death followed, and it appeared he bare a hatred to him, he was to ſuffer Death, as in the former Caſes. See XIX Deut. 11. Now this was a ſufficient proof of hatred to him; if being a Neighbour, and they having ſome difference, he had not ſpoken to him for three whole days together.
Verſe 21 Ver. 21. Or in enmity ſmote him with his hand that he die, he that ſmote him ſhall ſurely be put to death.] If he gave him only a blow with his fiſt, of which he died, and it was proved he had Enmity to him, it was ſufficient to make him a Murderer; and it warranted the Avenger of Blood to kill him, or obliged him to proſecute him, ſo that the City of Refuge ſhould not ſave him.
The revenger of blood ſhall ſlay the murderer when he meeteth him.] The Civil Law declared him to be unworthy to enjoy the Inheritance of one that was murdered, if he neglected to proſecute the Perſon that killed him in ſome Court of Juſtice. But the Jewiſh Law allowed, or rather required a great deal more; that the next of Kin ſhould kill the Murderer with his own hands, if he met him. And thus the Abyſſines at this day (as Ritterhuſius obſerves out of Alvarez) deliver the Murderer into the hand of the next Kinſman to torture him. The reaſon of which Law among the Jews was (as the ſame Ritterhuſius obſerves de Jure Aſylorum, cap. 4.) becauſe they being all deſcended from one and the ſame Stock, and equally partaking of the ſame right, they were all concerned in the ſhedding of the Blood of any one of them, eſpecially they who were neareſt to him in Blood, who ſeemed to be all ſtruck at, and injured in him. So that the Law with great reaſon allowed them to avenge the Blood of him that was ſlain. With which theſe Verſes of Ovid, he thinks, agrees.
Cum tibi ſint fratres, fratres ulciſcere laeſos
Cumque pater tibi ſit, jura tuere patris.
Ver. 22. But if he thrust him ſuddenly without enmity.] Verſe 22 Killed him (after the manner fore-mentioned, v. 20.) in a violent Paſſion, having no ſuch Intention, and being perhaps highly provoked by him; or by chance, as we ſpeak, and unawares, it being proved that there was no Enmity between them, no ſigns of hatred before this Fact.
Or cast upon him any thing without laying in wait.] Happen to hit him with any thing, without deſign to hurt him. See XXI Exod. 13. XIX Deut. 5.
Ver. 23. Or with any Stone wherewith he may die.] Verſe 23 See v. 17.
Seeing him not, and caſting it upon him, that he die.] Throwing it at ſomething elſe, or playing with it; and having no thought of him, becauſe he did not ſee him.
And was not his enemy, neither ſought his harm.] Not having any quarrel with him, nor threatning him, or any other way diſcovering that he ſought to do him miſchief.
Ver. 24. Then the Congregation.] That is, the Judges to whom the Trial of ſuch Cauſes belonged. See v. 12. Where I obſerved that the Elders of the City Verſe 24 of Refuge judged whether the Man-ſlayer, who fled thither, ſhould be received or not, upon a ſummary hearing of the Cauſe, and ſuch Examination as they could make at preſent. But the full Examination of it was reſerved to the Judges of the place where the Fact was committed.
Shall judge between the ſlayer and the avenger of blood.] They ſent for him out of the City of Refuge, to be brought before them; who heard what could be alledged againſt him, and what he could ſay for himſelf.
According to theſe judgments.] Upon Trial they proceeded to give Judgment, according to the foregoing Rules: which in brief are theſe. If a Man had no intention to kill another, but it was purely involuntary, he was to be acquitted. If there appeared any deſign upon his Life, or ſuch hatred and enmity, as might move them to conclude he had an intention to kill him, he was to be put to death. But here the Hebrew Doctors (as Mr. Selden obſerves) diſtinguiſh the killing of a Man into three kinds. The first was, when, though it was from pure Ignorance and Error, yet there was ſome Negligence in it, which a prudent Man might have avoided. The ſecond, when a Man kills another ignorantly, and cannot be blamed for any negligence, becauſe ſuch a thing ſeldom happens. An Example of the first they make to be, when a Man coming down a Ladder falls upon another, and kills him. An Example of the ſecond, when going up a Ladder, a Man happens to do the ſame. The former is more frequent, and therefore they ſay, hath ſome kind of blame in it; the other ſeldomer, and therefore hath none. A third kind, when any Man kills another out of ignorance and error alſo, but it approaches nearer to voluntary Murder. As when a Man, intending to kill one Man, happens to kill another, with a Stone or otherwiſe. In none of theſe caſes, they ſay, the Court of Judgment could put any Man to Death. And the Cities of Refuge were not provided for the ſecond or third ſort, but only for the firſt; and that when the Man died preſently, and did not lye and languiſh of the Wound: for if he did, it might be ſuppoſed he died by his own negligence, or other ways, as well as by the Wound. In which caſe there was no need, that the Man who wounded him, ſhould flee to the City of Refuge; nor could the Avenger of Blood meddle with him: No more than he could with a Father, when he gave his Son, or a Maſter, when he gave his Scholar Correction, and hapned to kill him. The ſame was the caſe of him, whoſe Office it was to Arreſt Men, by Publick Authority, and bring them before the Judges, if he ſtruck a Man that refuſed to go along with him, and killed him. See Selden, Lib. IV. de Jure Nat. & Gent. juxta Diſciplin. Hebr. cap. 2.
Ver. 25. And the Congregation ſhall deliver the ſlayer Verſe 25 out of the hands of the avenger of blood.] If the Court found the Man was killed caſually, as the Perſon accuſed pretended, (XX Joſh. 4.) then they charged the Avenger of Blood not to proſecute any further.
Both here, and in the foregoing verſe, and in the next words to theſe, by Congregation, is meant the Judges of the City, (as I obſerved v. 12.) who were to determine, in the preſence, and in the behalf of the People, whether the Manſlayer was capable of the Priviledge of the City of Refuge, or not; as we read XX Joſh. 4, 6. Now theſe things (as a very Learned Perſon of our own argues) which were done by the Elders (or Judges) being ſaid to be done by the Congregation or Aſſembly of the People, in whoſe behalf they were done; it is no wrong to the Holy Scriptures, when we ſay, that which they report to have been done by the Church, was acted by the chief Power of the Apoſtles and Elders, with the conſent of the People. For it is manifeſt in the New Teſtament, that in the Apoſtles time all the Publick Acts of the Church were paſſed at the Publick Aſſemblies of the ſame. As Ordinations, I Acts 23. V. 36. Excommunications, XVIII Matth. 18, 19, 20. 1 Corinth. V. 4. 2 Cor. II. 10. Councils, XV Acts 4, 22. other Acts, 2 Corinth. VII. 19. And herewith agrees the Primitive Cuſtom of the Church for divers Ages; whereby they gave Satisfaction to the People of the Integrity of their Proceedings, and by the ſame means obliged Superiours to that Integrity, by making the Proceedings ſo manifeſt, and ſo to preſerve the Unity of the Church. And from this Intereſt of the People in ſuch Acts it is at this day, that the People of the Church of England are demanded, what they have to ſay againſt Ordinations and Marriages to be made. See Mr. Thorndike in his Rights of the Church in a Chriſtian State, Chap. 3. p. 159, &c.
And the Congregation ſhall reſtore him to the City of his Refuge, whether he was fled.] They were to ſend him back again, from the place where he was tried, to the City where he had taken Refuge, there to remain till the time preſcribed in the next words. This was more merciful than the puniſhment inflicted by the Attick Laws (which plainly ſhow they were borrowed in great part from Moſes) for he who ſlew a Man involuntarily, was forced to fly his Country. So the Scoliast upon the laſt of Homer's Iliads, foreign, &c. It was the manner in ancient times, for a Man that had killed another involuntarily, to flee his Country; and betaking himſelf to ſome neighbouring place, to ſit with his Face covered, begging to be expiated. But this was only for a certain time, as Demoſthenes tells us (in his Oration in Ariſtocratem) foreign, &c. The Law requires him that is condemned of killing a Man involuntarily, for ſome limited time to go away, and keep at an appointed diſtance, till he can make his peace with the Kindred of him that was ſlain: after which he may return again, &c.
And he ſhall abide in it.] Not ſtir out of the Limits of the City; that is, beyond the Suburbs, and the two thouſand Cubits which incompaſſed them, (v. 4, 5.) within which Bounds he was to keep.
Ʋnto the death of the High-Priest, which was anointed with oyl.] This looks like a Puniſhment to the Man-ſlayer; whereby others were taught to be very watchful over themſelves, leſt by negligence they chanced to kill any body, and ſo be forced to leave their own home. But Maimonides takes it for a prudent Charity to the Man-ſlayer, and to the Relations of him that was ſlain, For by this means the Man-ſlayer was kept out of the ſight of the Avenger of Blood; who might have been tempted ſome time or other to fall upon him, if he had come in his way: but by long abſence, his Anger might be mitigated; at leaſt by the Death of the High-Prieſt, the moſt excellent of all other Perſons, and moſt dear to every one in the Nation. Which made the Publick Grief ſo great when he died, that Men forgot their private Reſentments: For nothing could fall out more grievous to all People, (ſaith he) then the Death of the High-Prieſt, which ſwallowed up all other Grief, More Nevoch. P. III. c. 40. And in the mean time the Jews ſay, that the Citizens of the place, were bound to teach him ſome Trade, whereby he might provide himſelf with Neceſſaries: And he had this comfort alſo, during his abſence from his own Family, that the Mother of the High-Prieſt ſent him many Gifts, that he might remain there more contentedly, and not pray for the Death of the High-Prieſt. So they tell us in the place fore mentioned, Maccoth cap. 2. ſect. 6. Where they alſo obſerve, that if a Man killed the High-Prieſt, or the High-Prieſt himſelf hapned to kill a Man involuntarily, they were to ſtay in the City of Refuge as long as they lived: yet they found this temperament, that if one who had been High-Prieſt, but removed from his Office, was alive when the ſlaughter was committed; after his death, both he that killed the High-Prieſt or any other unawares, and the High-Prieſt himſelf, who had done the ſame, were ſet free from the City of Refuge. See Selden, Lib. II. de Synedr. cap. 9. ſect. 6. and Lib. III. cap. 8. ſect. 3.
There may ſeem to be ſome inequality in this Law, becauſe as ſome High-Prieſts lived long, and others but a ſhort time, ſo ſome Man-ſlayers fled to the City at the beginning of their Prieſthood, and others juſt before their death. But it muſt be conſidered that this could not be better ordered, than to make the Man-ſlayer's Liberty depend upon the death of the High-Prieſt, whenſoever it fell out; that an higher value might be ſet upon him; and that it might repreſent our Deliverance only by the Death of the Son of God; of which many great Men look upon this as a Type or Shadow: though, it muſt be confeſſed, there is not the leaſt ſignification of this in the N. Teſtament. And ſince the great Expiation, which the High-Prieſt made every year on the Day of Atonement, did not procure ſuch Men their Liberty, I cannot look upon it as the effect of the High-Prieſt's Death, but only as that which followed upon it, by vertue of this Law. For the High-Prieſt having a great power every where, and particularly in theſe Cities of the Prieſts and Levites, over whom he was the chief, it is poſſible the Man-ſlayer might be confined here by ſome peculiar Act of his Authority; which expiring, together with himſelf, he was releaſed.
Ver. 26. But if the ſlayer ſhall at any time.] During Verſe 26 the Life of the High-Prieſt.
Come without the border of the City of Refuge, whither he was fled.] If he went beyond the Bounds of the Fields, in which he had liberty to walk, and might not be touched. For if a Tree was planted (as the Miſna reſolves in Maccoth) within the Borders of the Fields of the City, though the Boughs ſtretched themſelves beyond the Borders, yet the Man-ſlayer was ſafe under the Tree. In like manner, when Churches became places of Refuge, the Civil Law allowed the priviledge to extend to the Church-gate: and the Council of Toledo to thirty Paces from the Church; which Pope Nicholas enlarged to forty. Thus among the Heathen, the Bounds of the Refuge at the Temple of Diana at Epheſus, was ſometimes more and ſometimes leſs, as Ritterhuſius obſerves in his Book before-named, where he ſhows how far it was extended by Alexander, and afterwards farther by others. And Tacitus, Lib. III. Annalium mentions a Temple of hers, to which was granted by ſeveral Emperours, duobus millibus paſſuum eandem ſanctitatem, the ſame Sanctity for two Miles round about it.
Verſe 27 Ver. 27. And the avenger of blood find him without the borders of the City of his Refuge, and the avenger of blood kill the ſlayer, he ſhall not be guilty of death.] The Court of Judgment were not to put him to death; though perhaps he was obnoxious to the Judgment of God, becauſe he had killed an innocent Perſon: But he was free from the Puniſhment of the Law, that Men-ſlayers might be the more careful to keep within their Bounds; which was a profitable reſtraint upon them, for the Publick Good. All Men ſeeing how much God hated Murder, by the confinement of him, who had ſlain a Man unawares, to a kind of Impriſonment.
But it may be ſaid, on the other ſide, that he who killed a Man-ſlayer in this caſe, was perfectly guiltleſs; becauſe he did not herein act as a Private Perſon, but executed a Sentence againſt him, who was condemned by Publick Authority. Which gave no protection to the Man-ſlayer, but within the Borders of his City of Refuge; leaving him to the Avenger of Blood, if he came out of thoſe Bounds, till the death of the High-Prieſt. After which, if the Avenger of Blood killed him, no doubt he was to be puniſhed as a Murderer.
Verſe 28 Ver. 28. Becauſe he ſhould have remained in the City of his Refuge, until the death of the High-Prieſt.] Theſe words give the reaſon, why the Avenger of Blood was not to be puniſhed in this caſe; becauſe the Man-ſlayer was guilty of breaking another Law, and ſo in ſome ſort acceſſory to his own death; for he might have been ſafe, if he had pleaſed.
But after the death of the High-Priest, the ſlayer ſhall return to the Land of his poſſeſſion.] Where he was not only to remain ſafe, but to be reſtored to all his Honours, if he had any before he fled to the City of Refuge.
Ver. 29. So theſe things ſhall be for a Statute of Judgment Verſe 29 unto you.] A Rule whereby to judge between Man-ſlayers and Murderers.
Throughout all Generations.] The like Clauſes are uſual in the ancient Civil Law: Hoc perpetua lege ſancimus. Hoc generali & in perpetuum valitura lege decernimus, &c.
In all your dwellings.] This the Jews interpret as an obligation upon them, to have Courts of Judgment whereſoever they dwell. Thus R. Solomon upon theſe very words; They teach us, ſaith he, the uſe of Courts of Judgment, which ought to be even out of the Land, all the time that they were uſed in the Land. So the ancient Book Siphri, and many others mentioned by our moſt Learned Selden, Lib. II. de Synedr. cap. 5. n. 1.
Ver. 30. Whoſo killeth any perſon, the murderer ſhall Verſe 30 be put to death by the mouth of Witneſſes.] This direction for their proceedings in this Caſe, was to be the Rule in all others of like nature, by examining Witneſſes, who were to be competent. Upon which account ten ſorts of Perſons were uncapable to be Witneſſes, according to the Hebrew Doctors, viz. Women, Servants, Minors, Fools, the Deaf and Dumb, the Blind, Impious, and audacious People, near Relations, and thoſe that had been convicted of bearing falſe witneſs: and they endeavour, after their manner, to find Reaſons againſt all theſe in the Law it ſelf. See Selden, Lib. II. de Synedr. cap. 13. n. 11.
But one witneſs ſhall not teſtifie against any perſon, to Verſe 12 cauſe him to die.] This was ſuch an eſtabliſhed Rule in the Civil Law, that it ſaith, ubi numerus teſtium non adjicitur, ſufficiunt duo, where the number of Witneſſes is not mentioned, two ſuffices. Pluralis enim locutio, duorum numero contenta eſt. For where Witneſſes in the Plural Number are ſpoken of, two are enough to anſwer the intention of the Law. Which number therefore are frequently mentioned expreſly in Scripture, as neceſſary in all Caſes, XVII Deut. 6. particularly in this of Murder, XIX. 15. Yet where there was but one Witneſs, or not two who both together ſaw the Man killed, ſo that he who was accuſed of the Murder, could not be put to death; he was thrown into a very ſtrait Priſon, and there fed with Bread and Water of Affliction, till his Bowels were ſorely pinched, &c. if we may believe the Jewiſh Doctors, mentioned by Selden, Lib. IV. de Jure Nat. & Gent. cap. 1.
Verſe 31 Ver. 31. Moreover, ye ſhall take no ſatisfaction for the Life of a Murderer.] If a Murderer would have given all his Eſtate to ſave his Life, or the Avenger of Blood would have accepted a Compenſation, or freely let him go, the Judges (when they had found him guilty) could not reſtore him to the City of Refuge; but he was to ſuffer Death. For the Life of him that was ſlain, was not (as Maimonides ſpeaks) part of the Goods of the Avenger of Blood, but belonged to Almighty God; who ſet ſuch a value on a Man's Life, that he would not ſuffer any price to be taken for it. See Selden in the ſame Chapter, p. 470.
Ver. 32. And ye ſhall take no ſatisfaction for him that is fled to the City of Refuge, that he may come to dwell in the Land, until the death of the High-Priest.] No Money was to purchaſe his Liberty to dwell any Verſe 32 where elſe but there, till the time appointed by the Law: but this Puniſhment for Man-ſlaughter, was as indiſpenſable as death for Murder. And therefore if any Man hapned to kill another in the City of Refuge to which he was confined, he was forced to flee to another City of Refuge, and there abide till the death of the High-Prieſt.
Ver. 33. So ye ſhall not pollute the Land wherein ye Verſe 33 are; for blood defileth the Land.] By this it appears, that the next of Kin was bound to proſecute the Murderer unto death, for the good of his Country, which otherwiſe would have had a Guilt upon it, and that very grievous. For they are the greateſt Crimes, as Maimonides obſerves, which are ſaid to pollute the Land, or them, or God's Sanctuary, viz. Idolatry, XX Lev. 3. all the filthineſs that is forbidden XVIII. 24, 25. and Murder here mentioned, More Nevoch. P. III. cap. 47.
And the Land cannot be cleanſed of the Blood that is ſhed therein, but by the blood of him that ſhed it.] The ſame Maimonides obſerves in the XLI Chapter of that Book, That it is a piece of Univerſal Juſtice to make a Man ſuffer, what he hath made another ſuffer. If he have hurt his Body, he muſt ſuffer for it in his own Body: if in his Money, his own Purſe muſt pay for it: if he have taken away his Life, he muſt die for it himſelf. And the Puniſhment can neither be mitigated, nor any compenſation accepted for it. For which he quotes theſe words; and upon this account reſolves, that if he that was murdered ſhould live a few days or hours after his deadly wound, and being in ſound underſtanding, ſhould deſire he that killed him might not die for it, declaring that he freely forgave him; his deſire was not to be granted, but Blood was to be puniſhed with Blood: whether he that was ſlain was a great Man or a mean; a freeman or a ſlave; a wiſe Man or a fool; becauſe there is no Sin committed by Men greater than this is.
Verſe 34 Ver. 34. Defile not therefore the Land which ye ſhall inhabit.] By ſuffering a Murderer to live.
Wherein I dwell.] This is given as a reaſon elſewhere, (See V. 3.) why they ſhould put all polluted People out of their Camps, becauſe God dwelt in them, viz. in his Sanctuary, which made this Land be called the holy Land, and God's Poſſeſſion, 2 Chron. XX. 11.
For I the LORD dwell among the Children of Iſrael.] See XXV Exod. 8. The very ſame was practiſed among the Athenians, with ſome little Alteration. For Demoſthenes ſays it was one of their Laws, foreign, that he who out of fore-thought killed a Man, ſhould be put to death. And he tells us alſo, that it was not lawful for the Judges to take Money to remit the Puniſhment, after he was Condemned: though if the Proſecutors compounded with him, or his Friends before-hand, and deſiſted from the Proſecution, his Life was ſaved. If he fled from Juſtice, all his Goods were confiſcated, and he forfeited all the Rights of a Citizen, both Civil and Sacred. See Sam. Petitus his Comment. in Leges Atticas, Lib. VII. Tit. 1.